Section 231 of the Bharatiya Nyaya Sanhita (BNS) addresses the serious offense of giving or fabricating false evidence with the intention of causing wrongful conviction for crimes punishable by life imprisonment or a term of seven years or more. This provision is crucial in preventing miscarriages of justice in the Indian legal system.
Key Provisions of Section 231 BNS
- Definition: The section states that anyone who gives or fabricates false evidence, knowing it is likely to cause another person to be convicted of a serious crime, will face penalties equivalent to those applicable to the convicted individual. This includes offenses punishable by life imprisonment or a term of seven years or more, excluding capital offenses.
- Punishment: The punishment for providing false evidence is severe and mirrors the potential penalties for the crime intended to be prosecuted. For example, if someone falsely testifies to convict another of dacoity (which can lead to life imprisonment), they would themselves be liable for life imprisonment or a substantial term of imprisonment.
- Nature of Offense: Under BNS Section 231, the offense is classified as non-cognizable, meaning police cannot arrest without a warrant, and it is also non-bailable, requiring a court’s decision for bail applications.
- Trial Court: Cases under this section are triable in a Session Court, reflecting the seriousness of the offense12.
Example Scenario
An illustration provided under this section explains that if an individual (A) gives false evidence intending to convict another individual (Z) of dacoity, A will face the same consequences as Z would if convicted. Since dacoity can result in life imprisonment or rigorous imprisonment for up to ten years, A would be subject to similar penalties46.This section aligns closely with Section 195 of the Indian Penal Code (IPC), highlighting its importance in both legal frameworks aimed at safeguarding justice and preventing wrongful convictions through deceitful practices.
Adv Ashish Sharma has dedicated his career to helping individuals and businesses navigate the intricate legal landscape with confidence. From providing expert advice on current legal issues to offering clear explanations of legal principles, he strives to empower his audience with knowledge and understanding.
