Bharatiya Nyaya Sanhita, 2023
Section 235 BNS: Using as True a Certificate Known to Be False
Section 235 of the Bharatiya Nyaya Sanhita, 2023 punishes a person who corruptly uses, or attempts to use, as true a certificate of the kind covered by Section 234 while knowing that the certificate is false in a material point.
Section 235 BNS: Statutory Text
Section 235. Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.
The expression "any such certificate" refers back to the category of certificates dealt with in Section 234 BNS. These include certificates required by law to be given or signed and certificates relating to facts for which the certificate is legally admissible in evidence.
Section 235 therefore focuses on the later use or attempted use of such a certificate as true, where the person using it knows that it is false in a material respect.
Essential Ingredients of Section 235 BNS
The statutory elements can be summarised as follows:
- There must be a certificate of the kind contemplated by Section 234 BNS.
- The accused must use or attempt to use that certificate as a true certificate.
- The use or attempted use must be corrupt.
- The certificate must be false in a material point.
- The accused must know that the certificate is false in that material point.
How Section 235 Relates to Section 234 BNS
Section 234 and Section 235 operate together. Section 234 applies to the person who issues or signs the legally required or legally admissible certificate while knowing or believing it to be false in a material point. Section 235 applies when a person corruptly uses or attempts to use that kind of false certificate as true while knowing that it is materially false.
Depending on the facts, the person who issued the certificate and the person who later used it may be different persons. The precise liability in any case depends on proof of the statutory ingredients applicable to each accused.
Punishment Under Section 235 BNS
Section 235 does not prescribe a separate fixed term of imprisonment. It provides that the offender shall be punished in the same manner as if that person gave false evidence.
Accordingly, the punishment must be determined with reference to the relevant false-evidence provisions. Section 229 BNS contains the general punishment structure for false evidence, while aggravated forms of false evidence may be governed by other provisions depending on the circumstances.
Section 235 BNS: Cognizable, Bailable and Triable By
The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies the offence of using as true a certificate known to be false in a material point as follows:
| Particular | Section 235 BNS |
|---|---|
| Punishment | The same as for giving false evidence |
| Cognizable / Non-cognizable | Non-cognizable |
| Bailable / Non-bailable | Bailable |
| Triable by | Court by which the offence of giving false evidence is triable |
Since the offence is non-cognizable, investigation is subject to the procedural rules governing non-cognizable offences under the BNSS. Since it is bailable, bail is governed by the statutory framework applicable to bailable offences.
Meaning of "False in Any Material Point"
The statutory language requires falsity in a material point. This indicates that the falsehood must relate to a matter significant to the legal or evidentiary purpose of the certificate, rather than an immaterial or inconsequential error.
Section 235 also expressly requires knowledge. The prosecution must therefore establish that the accused knew of the material falsity when corruptly using or attempting to use the certificate as true.
When Did the Bharatiya Nyaya Sanhita Come Into Force?
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. It came into force on 1 July 2024, subject to the notified exception relating to Section 106(2). Section 235 therefore forms part of the operative BNS framework from 1 July 2024.
Official Legal Resources
Frequently Asked Questions
What is Section 235 of the BNS?
It punishes a person who corruptly uses or attempts to use as true a certificate of the kind covered by Section 234 while knowing that it is false in a material point.
What is the punishment under Section 235 BNS?
The punishment is the same as if the person gave false evidence. The exact punishment therefore depends on the applicable false-evidence provision.
Is Section 235 BNS cognizable?
No. It is classified as non-cognizable.
Is Section 235 BNS bailable?
Yes. It is classified as bailable.
Which court tries an offence under Section 235 BNS?
It is triable by the court by which the corresponding offence of giving false evidence is triable.
What is the difference between Sections 234 and 235 BNS?
Section 234 concerns issuing or signing a legally required or evidentiary certificate known or believed to be materially false. Section 235 concerns corruptly using or attempting to use such a certificate as true while knowing it to be materially false.
This page is intended as a statutory information resource. Case-specific legal consequences may depend on the facts, evidence, procedural stage and other applicable provisions.