Section 227 of the New Bharatiya Nyaya Sanhita (BNS) addresses the offense of giving false evidence. This section is situated within Chapter XIV, which deals with false evidence and offenses against public justice.
Definition and Provisions
According to Section 227, a person is considered to have given false evidence if they are legally obligated, either by oath or by law, to tell the truth and they make a statement that is false. This applies whether the statement is made verbally or in another form. The key points include:
- False Statements: The individual must know or believe that the statement is false, or must not believe it to be true.
- Broad Applicability: The definition encompasses any type of statement, including declarations made under legal obligation.
Explanations
- Explanation 1: A statement falls under this section regardless of whether it is verbal or written.
- Explanation 2: A person can be guilty of giving false evidence if they assert a belief they do not hold or claim knowledge of something they do not know.
Illustrative Examples
The section provides several illustrations to clarify its application:
- Example (a): A swears falsely in court about hearing Z admit a debt owed to B.
- Example (b): A claims to believe a signature is Z’s when he does not actually believe it.
- Example (c): A genuinely believes a signature belongs to Z; thus, he has not given false evidence despite the signature being incorrect.
- Example (d): A states he knows Z was at a location on a specific date without any knowledge; this constitutes giving false evidence.
- Example (e): An interpreter provides a translation he does not believe to be accurate, thereby giving false evidence.
Legal Consequences
The penalties for giving false evidence under Section 227 are similar to those outlined in Section 191 of the Indian Penal Code (IPC). Offenders may face imprisonment for up to two years, fines, or both. This section is classified as non-cognizable and bailable, meaning that police cannot arrest without a warrant and bail can be granted.
In summary, Section 227 of the New Bharatiya Nyaya Sanhita establishes clear guidelines regarding the provision of truthful testimony in legal contexts and outlines the legal repercussions for those who fail to adhere to these obligations.
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.
