Section 230 BNS: Giving or Fabricating False Evidence with Intent to Procure Conviction of Capital Offence
Section 230 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with the gravest category of false-evidence offences: giving or fabricating false evidence with the intention of causing, or knowledge that it is likely to cause, a person to be convicted of an offence punishable with death under the law in force in India.
Serious offence: Section 230 is non-cognizable but non-bailable and is triable by the Court of Session under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Text of Section 230 of the Bharatiya Nyaya Sanhita, 2023
230. Giving or fabricating false evidence with intent to procure conviction of capital offence.
(1) Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital by the law for the time being in force in India shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine which may extend to fifty thousand rupees.
(2) If an innocent person be convicted and executed in consequence of false evidence referred to in sub-section (1), the person who gives such false evidence shall be punished either with death or the punishment specified in sub-section (1).
Section 230 BNS at a Glance
| Provision | Section 230, Bharatiya Nyaya Sanhita, 2023 |
|---|---|
| Core offence | Giving or fabricating false evidence to cause, or with knowledge of likely causing, conviction for a capital offence |
| Section 230(1) punishment | Imprisonment for life, or rigorous imprisonment up to ten years, plus fine up to Rs. 50,000 |
| Section 230(2) | If an innocent person is convicted and executed because of the false evidence, punishment may be death or the punishment under subsection (1) |
| Cognizability | Non-cognizable |
| Bail | Non-bailable |
| Trial court | Court of Session |
Essential Ingredients of Section 230 BNS
1. False evidence must be given or fabricated
The conduct must amount to giving false evidence or fabricating false evidence. Section 227 BNS defines giving false evidence, while Section 228 BNS defines fabricating false evidence.
2. There must be intent or knowledge concerning conviction
The accused must intend to cause a person to be convicted, or know it to be likely that the false evidence will cause such conviction. This mental element is expressly stated in subsection (1).
3. The intended conviction must be for a capital offence
The offence for which conviction is intended or knowingly risked must be capital under the law for the time being in force in India. In this context, a capital offence is an offence for which death is a legally available punishment.
4. Subsection (2) requires the additional consequence of execution
Subsection (2) applies only where an innocent person is convicted and actually executed in consequence of the false evidence referred to in subsection (1).
Punishment Under Section 230(1) BNS
For the offence under subsection (1), the court may impose imprisonment for life or rigorous imprisonment for a term extending up to ten years. The offender is also liable to a fine extending up to Rs. 50,000.
Punishment Under Section 230(2) BNS
If an innocent person is convicted and executed in consequence of the false evidence covered by subsection (1), the person who gave that false evidence may be punished with death or with the punishment prescribed in subsection (1).
Procedural Classification Under the BNSS
The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies offences under both Section 230(1) and Section 230(2) as non-cognizable and non-bailable. Both are triable by the Court of Session.
Difference Between Sections 229 and 230 BNS
| Section 229 | Provides the general punishment for intentionally giving or fabricating false evidence, with different punishment for judicial proceedings and other cases. |
|---|---|
| Section 230 | Applies where the false evidence is intended to cause, or is known to be likely to cause, conviction for a capital offence and therefore carries substantially more severe punishment. |
Related Procedural Point Under the BNSS
The BNSS contains an illustration on joinder of charges showing that a person who gives false evidence intending to cause conviction for a capital offence may, where the facts justify it, face a separate charge under Section 230 along with another applicable BNS offence. The exact charges in any case depend on the facts and evidence.
Practical point: Section 230 is not triggered merely because false evidence concerns a serious offence. The prosecution must establish the specific intent or knowledge linked to conviction for an offence that is capital under the law in force in India.
Related BNS Provisions
- Section 227 - Giving false evidence
- Section 228 - Fabricating false evidence
- Section 229 - Punishment for false evidence
- Section 230 - False evidence with intent to procure conviction of capital offence
Frequently Asked Questions
What is Section 230 BNS?
Section 230 deals with giving or fabricating false evidence with intent to cause, or knowledge that it is likely to cause, conviction of a person for a capital offence.
What is the punishment under Section 230(1)?
The punishment is imprisonment for life or rigorous imprisonment up to ten years, together with fine up to Rs. 50,000.
What happens if an innocent person is executed because of the false evidence?
Under Section 230(2), the person who gave the false evidence may be punished with death or with the punishment specified in subsection (1).
Is Section 230 BNS bailable?
No. Both subsections are classified as non-bailable.
Is Section 230 BNS cognizable?
No. Both subsections are classified as non-cognizable.
Which court tries an offence under Section 230 BNS?
The offence is triable by the Court of Session.
Disclaimer: This article provides general legal information. Section 230 involves very serious criminal liability, and its application depends on the precise facts, evidence, applicable capital offence and procedural law.