Section 227 BNS: Giving False Evidence
Section 227 of the Bharatiya Nyaya Sanhita, 2023 (BNS) defines when a person is said to give false evidence. It applies where a person is legally bound to state the truth or make a declaration and makes a false statement while knowing or believing it to be false, or without believing it to be true.
Important: Section 227 defines the offence of giving false evidence. The punishment is prescribed separately by Section 229 BNS.
Text of Section 227 of the Bharatiya Nyaya Sanhita, 2023
227. Giving false evidence.
Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.
Explanation 1. A statement is within the meaning of this section, whether it is made verbally or otherwise.
Explanation 2. A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.
Section 227 BNS at a Glance
| Provision | Section 227, Bharatiya Nyaya Sanhita, 2023 |
|---|---|
| Nature of provision | Defines when a person is said to give false evidence |
| Legal duty required | The person must be legally bound by oath, express law, or a legal duty to make a declaration |
| False statement | The statement must be false |
| Mental element | The person knows or believes the statement to be false, or does not believe it to be true |
| Punishment | Provided under Section 229 BNS, not Section 227 itself |
Essential Ingredients of Giving False Evidence
1. A legal obligation to state the truth must exist
The person must be legally bound by an oath, by an express provision of law to state the truth, or by law to make a declaration upon a subject. A false statement made where no such legal obligation exists does not fall within Section 227 merely because it is untrue.
2. A statement must be made
Explanation 1 makes clear that the statement may be made verbally or otherwise. The section is therefore not confined to spoken testimony.
3. The statement must be false
The statement itself must be false. The provision then requires the specified mental element concerning that falsity.
4. Knowledge, belief or absence of belief in truth is required
The person must know or believe the statement to be false, or must not believe it to be true. This requirement distinguishes deliberate or consciously unreliable false evidence from an honest mistake.
False Statements About One's Own Belief
Explanation 2 expressly covers a false statement about the person's own belief or knowledge. A person can therefore give false evidence by claiming to believe something that he does not actually believe, or by claiming to know something that he does not know.
Statutory Illustrations to Section 227
Illustration (a). A, in support of a just claim which B has against Z for one thousand rupees, falsely swears on a trial that he heard Z admit the justice of B's claim. A has given false evidence.
Illustration (b). A, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that which he knows to be false, and therefore gives false evidence.
Illustration (c). A, knowing the general character of Z's handwriting, states that he believes a certain signature to be the handwriting of Z; A in good faith believing it to be so. Here A's statement is merely as to his belief, and is true as to his belief, and therefore, although the signature may not be the handwriting of Z, A has not given false evidence.
Illustration (d). A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not knowing anything upon the subject. A gives false evidence whether Z was at that place on the day named or not.
Illustration (e). A, an interpreter or translator, gives or certifies as a true interpretation or translation of a statement or document which he is bound by oath to interpret or translate truly, that which is not and which he does not believe to be a true interpretation or translation. A has given false evidence.
Punishment for False Evidence Under Section 229 BNS
Section 227 contains the definition, while Section 229 supplies the punishment. Where false evidence is intentionally given in any stage of a judicial proceeding, or fabricated for use in such a proceeding, Section 229(1) provides imprisonment of either description for a term extending up to seven years and fine up to Rs. 10,000.
For intentionally giving or fabricating false evidence in a case other than one covered by Section 229(1), Section 229(2) provides imprisonment of either description for a term extending up to three years and fine up to Rs. 5,000.
Procedural Provisions Under the BNSS
Offences relating to false evidence may also engage procedural safeguards under the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 215 BNSS deals with prosecution for specified offences against public justice and offences relating to documents given in evidence, while Section 383 provides a summary procedure for trial for giving false evidence in the circumstances covered by that provision.
Practical point: An incorrect statement is not automatically false evidence. The legal obligation to state the truth and the required state of mind under Section 227 must be established.
Related BNS Provisions
- Section 226 - Attempt to commit suicide to compel or restrain exercise of lawful power
- Section 227 - Giving false evidence
- Section 228 - Fabricating false evidence
- Section 229 - Punishment for false evidence
- Section 230 - Giving or fabricating false evidence with intent to procure conviction of capital offence
Frequently Asked Questions
What does Section 227 BNS define?
Section 227 defines when a person is said to give false evidence while under a legal obligation to state the truth or make a declaration.
Does Section 227 itself prescribe punishment?
No. Punishment for false evidence is prescribed by Section 229 BNS.
Can a written or non-verbal statement amount to false evidence?
Yes. Explanation 1 states that a statement is covered whether made verbally or otherwise.
Can a false statement about personal belief amount to false evidence?
Yes. Explanation 2 expressly covers false statements about what a person claims to believe or know.
What is the punishment for false evidence in a judicial proceeding?
Under Section 229(1), the punishment may extend to seven years' imprisonment and fine up to Rs. 10,000.
What is the punishment for false evidence outside a judicial proceeding?
Under Section 229(2), the punishment may extend to three years' imprisonment and fine up to Rs. 5,000.
Disclaimer: This article provides general legal information. Application of Sections 227 and 229 depends on the facts, evidence and procedural law applicable to the individual case.