Section 228 BNS: Fabricating False Evidence
Section 228 of the Bharatiya Nyaya Sanhita, 2023 (BNS) defines when a person is said to fabricate false evidence. It covers the deliberate creation of circumstances, false entries, false documents or false electronic records intended to appear in evidence and mislead the person deciding a material issue in a proceeding.
Important: Section 228 defines fabricating false evidence. The punishment is prescribed separately under Section 229 BNS.
Text of Section 228 of the Bharatiya Nyaya Sanhita, 2023
228. Fabricating false evidence.
Whoever causes any circumstance to exist or makes any false entry in any book or record, or electronic record or makes any document or electronic record containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding is said "to fabricate false evidence".
Section 228 BNS at a Glance
| Provision | Section 228, Bharatiya Nyaya Sanhita, 2023 |
|---|---|
| Nature of provision | Defines fabricating false evidence |
| Methods covered | Creating a circumstance, making a false entry, or creating a document or electronic record containing a false statement |
| Required intent | The fabricated material must be intended to appear in evidence and cause an erroneous opinion on a material point |
| Proceedings covered | Judicial proceedings, proceedings before a public servant taken by law, and proceedings before an arbitrator |
| Punishment | Provided under Section 229 BNS, not Section 228 itself |
Essential Ingredients of Fabricating False Evidence
1. A circumstance, entry, document or electronic record must be created or altered
Section 228 covers several forms of fabrication. A person may create a circumstance, make a false entry in a book or record, make a false entry in an electronic record, or create a document or electronic record containing a false statement.
2. The fabricated material must be intended to appear in evidence
The section requires an intention that the circumstance, entry or statement may appear in evidence. This separates fabrication for evidentiary use from a falsehood that is unrelated to any proceeding.
3. The intended use must relate to a proceeding recognised by law
The provision covers a judicial proceeding, a proceeding taken by law before a public servant acting as such, and a proceeding before an arbitrator.
4. The fabrication must be intended to mislead the decision-maker
The fabricated material must be intended to cause the person who is to form an opinion upon the evidence to entertain an erroneous opinion.
5. The erroneous opinion must concern a material point
The point affected must be material to the result of the proceeding. The statutory definition therefore links fabrication to matters capable of influencing the outcome.
Electronic Records Are Expressly Covered
Section 228 expressly refers to electronic records. Fabrication may therefore involve false entries or false statements contained in electronic records, not only traditional paper books, records or documents.
Statutory Illustrations to Section 228
Illustration (a). A puts jewels into a box belonging to Z, with the intention that they may be found in that box, and that this circumstance may cause Z to be convicted of theft. A has fabricated false evidence.
Illustration (b). A makes a false entry in his shop-book for the purpose of using it as corroborative evidence in a Court. A has fabricated false evidence.
Illustration (c). A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in imitation of Z's handwriting, purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter in a place which he knows that the officers of the police are likely to search. A has fabricated false evidence.
Punishment for Fabricating False Evidence Under Section 229 BNS
Section 228 defines the conduct, while Section 229 prescribes the punishment. Where false evidence is intentionally fabricated for use in any stage of a judicial 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 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.
Difference Between Giving and Fabricating False Evidence
| Section 227 | Deals with a person who, while legally bound to state the truth or make a declaration, makes a false statement with the required knowledge or belief. |
|---|---|
| Section 228 | Deals with creating circumstances, entries, documents or electronic records intended to be used as evidence and to mislead a decision-maker on a material point. |
Procedural Provisions Under the BNSS
Proceedings concerning false evidence may also involve 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. The applicability of such provisions depends on the nature of the alleged act and the proceeding in which it arises.
Practical point: Section 228 requires more than the existence of a false document or false entry. The prosecution must establish the specific evidentiary purpose and the intention that the fabrication mislead the person deciding a material issue.
Related BNS Provisions
- 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 228 BNS define?
Section 228 defines fabricating false evidence, including creating circumstances, false entries, false documents or false electronic records intended to be used as evidence and mislead a decision-maker.
Does Section 228 itself prescribe punishment?
No. Punishment is prescribed under Section 229 BNS.
Does Section 228 apply to electronic records?
Yes. Electronic records are expressly included in the statutory text.
Must the false material relate to an important issue?
Yes. The intended erroneous opinion must concern a point material to the result of the proceeding.
What is the punishment where fabricated evidence is intended for 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 in other cases of fabricated false evidence?
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 228 and 229 depends on the facts, evidence and procedural law applicable to the individual case.