Bharatiya Nyaya Sanhita, 2023
Section 237 BNS: Using as True a Declaration Known to Be False
Section 237 of the Bharatiya Nyaya Sanhita, 2023 punishes a person who corruptly uses, or attempts to use, as true a declaration of the kind covered by Section 236 while knowing that the declaration is false in a material point.
Section 237 BNS: Statutory Text
Section 237. Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.
Explanation. A declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of section 236 and this section.
The expression "any such declaration" refers to a declaration of the kind described in Section 236 BNS. Section 236 concerns declarations which a Court, public servant or other person is bound or authorised by law to receive as evidence of a fact.
Section 237 therefore deals with the later corrupt use or attempted use of such a declaration as true, where the user knows that it is false in a material point.
Essential Ingredients of Section 237 BNS
The statutory elements can be summarised as follows:
- There must be a declaration of the kind contemplated by Section 236 BNS.
- The accused must use or attempt to use the declaration as true.
- The use or attempted use must be corrupt.
- The declaration must be false in a material point.
- The accused must know that the declaration is false in that material point.
How Section 237 Relates to Section 236 BNS
Section 237 cannot be read in isolation because the words "any such declaration" refer back to Section 236. Section 236 identifies the type of declaration covered: one that a Court, public servant or other legally authorised person is bound or authorised by law to receive as evidence of a fact.
Section 236 addresses the making of the false statement in that declaration. Section 237 addresses the corrupt use or attempted use of the declaration as true.
Does an Informality Make the Declaration Outside Section 237?
No, not merely because of an informality. The statutory explanation expressly states that a declaration which is inadmissible merely on the ground of some informality remains a declaration within the meaning of Section 236 and Section 237.
The explanation prevents a person from avoiding the operation of these provisions solely because the declaration suffers from a formal defect that makes it inadmissible.
Punishment Under Section 237 BNS
Section 237 does not prescribe a separate fixed sentence. It provides that the person shall be punished in the same manner as if that person gave false evidence.
The applicable punishment therefore follows the corresponding false-evidence provisions of the BNS. The factual and evidentiary context may be relevant in identifying the particular false-evidence punishment that applies.
Section 237 BNS: Cognizable, Bailable and Triable By
The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies using as true a declaration known to be false as follows:
| Particular | Section 237 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, the procedural requirements for non-cognizable offences under the BNSS apply. Since it is bailable, bail is governed by the statutory framework applicable to bailable offences.
Meaning of "False in Any Material Point"
The falsity must concern a material point. In other words, the falsehood must relate to a matter significant to the evidentiary object or purpose of the declaration, rather than merely an immaterial detail.
Section 237 also expressly requires knowledge. The person using or attempting to use the declaration must know that it is false in the material respect.
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 237 therefore forms part of the operative BNS framework from 1 July 2024.
Official Legal Resources
Frequently Asked Questions
What is Section 237 of the BNS?
It punishes corruptly using or attempting to use as true a declaration of the kind covered by Section 236 while knowing that the declaration is false in a material point.
What is the punishment under Section 237 BNS?
The punishment is the same as if the offender gave false evidence. The applicable punishment therefore follows the corresponding false-evidence provision.
Is Section 237 BNS cognizable?
No. It is classified as non-cognizable.
Is Section 237 BNS bailable?
Yes. It is classified as bailable.
Which court tries an offence under Section 237 BNS?
It is triable by the court by which the offence of giving false evidence is triable.
What is the difference between Sections 236 and 237 BNS?
Section 236 concerns making a materially false statement in a declaration legally receivable as evidence. Section 237 concerns corruptly using or attempting to use such a declaration as true while knowing it to be materially false.
Does a formal defect automatically take a declaration outside Section 237?
No. The explanation to Section 237 states that a declaration inadmissible merely because of some informality remains a declaration for the purposes of Sections 236 and 237.
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.