Section 229 BNS: Punishment for False Evidence
Section 229 of the Bharatiya Nyaya Sanhita, 2023 (BNS) prescribes punishment for intentionally giving or fabricating false evidence. It creates a more serious punishment where the false evidence is given in, or fabricated for use in, a judicial proceeding, and a lower maximum punishment for other cases.
Related definitions: Section 227 defines "giving false evidence" and Section 228 defines "fabricating false evidence". Section 229 provides the punishment for those forms of false evidence.
Text of Section 229 of the Bharatiya Nyaya Sanhita, 2023
229. Punishment for false evidence.
(1) Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine which may extend to ten thousand rupees.
(2) Whoever intentionally gives or fabricates false evidence in any case other than that referred to in sub-section (1), shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine which may extend to five thousand rupees.
Explanation 1. A trial before a Court-martial is a judicial proceeding.
Explanation 2. An investigation directed by law preliminary to a proceeding before a Court, is a stage of a judicial proceeding, though that investigation may not take place before a Court.
Explanation 3. An investigation directed by a Court according to law, and conducted under the authority of a Court, is a stage of a judicial proceeding, though that investigation may not take place before a Court.
Section 229 BNS at a Glance
| Provision | Section 229, Bharatiya Nyaya Sanhita, 2023 |
|---|---|
| Section 229(1) | Intentional false evidence in a judicial proceeding, or fabrication for use in a judicial proceeding |
| Maximum punishment under subsection (1) | Imprisonment up to seven years and fine up to Rs. 10,000 |
| Section 229(2) | Intentional giving or fabrication of false evidence in cases other than subsection (1) |
| Maximum punishment under subsection (2) | Imprisonment up to three years and fine up to Rs. 5,000 |
Meaning of Section 229(1): False Evidence in Judicial Proceedings
Subsection (1) applies where a person intentionally gives false evidence at any stage of a judicial proceeding, or fabricates false evidence for the purpose of its use at any stage of a judicial proceeding.
The provision therefore covers both actual false testimony or statements within the judicial process and fabrication done in advance with the purpose that the material be used in that process.
Meaning of Section 229(2): Other Cases of False Evidence
Subsection (2) applies where a person intentionally gives or fabricates false evidence in a case that does not fall within subsection (1). The maximum punishment is lower than for false evidence connected with judicial proceedings.
What Counts as a Stage of a Judicial Proceeding?
Court-martial proceedings
Explanation 1 expressly provides that a trial before a Court-martial is a judicial proceeding.
Investigations preliminary to court proceedings
Explanation 2 provides that an investigation directed by law and preliminary to a proceeding before a Court is a stage of a judicial proceeding, even if the investigation itself does not take place before a Court.
Illustration to Explanation 2. A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence.
Court-directed investigations
Explanation 3 states that an investigation directed by a Court according to law and conducted under the authority of a Court is also a stage of a judicial proceeding, even where the investigation does not physically take place before the Court.
Illustration to Explanation 3. A, in an enquiry before an officer deputed by a Court to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence.
Difference Between Sections 227, 228 and 229 BNS
| Section 227 | Defines when a person is said to give false evidence. |
|---|---|
| Section 228 | Defines when a person is said to fabricate false evidence. |
| Section 229 | Prescribes punishment for intentionally giving or fabricating false evidence. |
Why the Word "Intentionally" Matters
Both subsections expressly require intentional conduct. The punishment provision is therefore directed at deliberate giving or fabrication of false evidence rather than a mere mistake, confusion or accidental inaccuracy.
Procedural Provisions Under the BNSS
False-evidence offences may also engage procedural provisions of 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 circumstances covered by that provision.
Practical point: Whether subsection (1) or subsection (2) applies depends substantially on the proceeding in which the false evidence is given, or the proceeding for which the evidence is fabricated.
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 is the punishment under Section 229(1) BNS?
The punishment may extend to seven years' imprisonment, and the person is also liable to fine up to Rs. 10,000.
What is the punishment under Section 229(2) BNS?
The punishment may extend to three years' imprisonment, and the person is also liable to fine up to Rs. 5,000.
Does a Court-martial trial count as a judicial proceeding?
Yes. Explanation 1 expressly states that a trial before a Court-martial is a judicial proceeding.
Can an investigation be treated as a stage of a judicial proceeding?
Yes. Explanations 2 and 3 expressly include certain law-directed and court-directed investigations, even if they do not take place before a Court.
What provisions define false evidence and fabricated false evidence?
Section 227 defines giving false evidence, while Section 228 defines fabricating false evidence.
Disclaimer: This article provides general legal information. Application of Section 229 depends on the facts, the nature of the proceeding, the evidence and the procedural law applicable to the individual case.