Law of Crimes
Subjects / Law of Crimes / False Evidence and Offences against Public Justice
Unit 4 · Offences Against the State & Public Tranquillity

False Evidence and Offences against Public Justice

BNS Chapter XIV (S.227 to S.269) penalises giving or fabricating false evidence, using false evidence, destroying evidence, screening offenders, harbouring, false charges, and resistance to lawful apprehension; S.229 provides 7 years for false evidence in a judicial proceeding and 3 years otherwise; S.230 provides life imprisonment or death where false evidence leads to execution of an innocent person.

BNS Chapter XIV protects the integrity of the judicial process. Its provisions penalise those who corrupt evidence, obstruct investigations, screen offenders from justice, or abuse the process by making false charges. The chapter is long (S.227 to S.269) but falls into clear sub-groups.

BNS 2023 Renumbering

BNS S.227 = IPC S.191 (giving false evidence). BNS S.228 = IPC S.192 (fabricating). BNS S.229 = IPC S.193 (punishment). BNS S.230 = IPC S.194 (false evidence to procure capital conviction). BNS S.238 = IPC S.201 (causing disappearance of evidence). BNS S.248 = IPC S.211 (false charge). Confidence: high, directly verified.

Giving False Evidence (S.227)

"Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false and which he either knows or believes to be false or does not believe to be true, is said to give false evidence."

Key Points

  • The statement must be made under oath or legal obligation.
  • It must be false: actually untrue.
  • The maker must know it is false, or believe it to be false, or not believe it to be true (three alternative mental states, all satisfying mens rea).
  • A statement may be verbal or otherwise (Explanation 1).
  • A false statement as to belief (saying "I believe" when he does not) is covered (Explanation 2).

Fabricating False Evidence (S.228)

"Whoever causes any circumstance to exist or makes any false entry in any book, record, or electronic record, or makes any document or electronic record containing a false statement, intending that such circumstance, entry or statement may appear in evidence in a judicial or other proceeding, and may cause an erroneous opinion on a material point, is said to fabricate false evidence."

The distinction from S.227: Giving false evidence is oral (testimony). Fabricating false evidence is creating physical or documentary evidence (planting items, forging records, altering documents).

Punishment (S.229)

Sub-section Situation Punishment
(1) False evidence or fabrication in a judicial proceeding Up to 7 years + fine up to Rs. 10,000
(2) False evidence or fabrication in any other case Up to 3 years + fine up to Rs. 5,000

Explanations:

  • A trial before a Court Martial is a judicial proceeding.
  • An investigation directed by law preliminary to a Court proceeding is a stage of a judicial proceeding.
  • An investigation directed and conducted under authority of a Court is a stage.

Aggravated Forms (S.230, S.231, S.232)

Section Aggravation Punishment
S.230(1) False evidence with intent to procure conviction of a capital offence Life imprisonment, or up to 10 years RI + fine up to Rs. 50,000
S.230(2) If an innocent person is executed in consequence Death, or punishment under S.230(1)
S.231 False evidence to procure conviction of offence punishable with life or 7+ years Same punishment as the person convicted would face
S.232 Threatening a person to give false evidence Up to 7 years, or fine, or both; if innocent person convicted and sentenced: same punishment as imposed on the innocent
Section Offence Punishment
S.238 Causing disappearance of evidence of offence, or giving false information to screen offender Death-punishable offence: up to 7 years + fine. Life-punishable: up to 3 years. Others: up to 1/4 of max
S.239 Intentional omission to give information (by person bound to inform) Up to 6 months or Rs. 5,000
S.240 Giving false information respecting an offence committed Up to 2 years, or fine, or both
S.241 Destroying document or electronic record to prevent production as evidence Up to 3 years, or Rs. 5,000, or both
S.248 False charge with intent to injure Up to 5 years, or Rs. 2 lakhs, or both. If capital offence charged: up to 10 years + fine
S.249 Harbouring offender Graduated by offence seriousness: up to 5 years (death); 3 years (life); 1/4 of max (others). Spouse excepted

Resistance to Lawful Apprehension (S.262 to S.265)

Section Offence Punishment
S.262 Resistance or obstruction to own lawful apprehension Up to 2 years, or fine, or both
S.263 Resistance or obstruction to apprehension of another Up to 2 years (general); up to 7 years (capital/death offence)
S.269 Failure to appear in Court after release on bail Up to 1 year, or fine, or both (in addition to punishment for the offence itself + forfeiture of bond)

S.226 vs S.248: Both Involve Falsehoods, Different Targets

Basis S.217 (Ch.XIII: False info to injure via public servant) S.248 (Ch.XIV: False charge with intent to injure)
Context Information given to a public servant to misuse his power Instituting criminal proceedings on a false charge
Forum Administrative (public servant in general) Judicial (criminal proceedings)
Gravity Up to 1 year Up to 5 years (or 10 for capital false charge)
Intent To cause public servant to injure another To cause injury by subjecting the person to criminal prosecution

Recall Check

  1. What is the distinction between giving false evidence (S.227) and fabricating false evidence (S.228)?
  2. What is the maximum punishment where false evidence leads to execution of an innocent person?
  3. What offence does a person commit who destroys evidence knowing an offence has been committed?
  4. Is the spouse of an offender liable for harbouring?

Distinctions

Basis Giving False Evidence (S.227) Fabricating False Evidence (S.228)
Nature Oral statement (testimony) Creating physical circumstances, documents, records
Medium Words under oath Planting objects, forging records, creating false entries
Example A witness testifies falsely that he saw the accused at the scene A person plants a weapon at the accused's house
Punishment Same (S.229) Same (S.229)
Basis S.238 (Causing Disappearance of Evidence) S.241 (Destroying Document to Prevent Production)
Object Evidence of an offence (any kind) A document or electronic record that may be compelled to be produced
Purpose To screen the offender from punishment To prevent its use as evidence in a proceeding
Knowledge Knows or has reason to believe offence committed Knows it may be required as evidence
Punishment Graduated by seriousness of the offence screened Up to 3 years or Rs. 5,000 or both
Basis S.248 (False Charge) S.240 (Giving False Information about an Offence)
Nature Instituting criminal proceedings or making a charge with intent to injure Giving false information about an offence that has been committed
Intent To subject the person to criminal prosecution To mislead the investigation
Victim The person falsely charged The administration of justice
Punishment Up to 5 years (or 10 if capital) Up to 2 years

Flashcards

What is the punishment for giving false evidence in a judicial proceeding (S.229(1))?

Up to 7 years imprisonment plus fine up to Rs. 10,000.

What happens if false evidence leads to the execution of an innocent person (S.230(2))?

The person giving false evidence shall be punished with death, or with the punishment in S.230(1) (life or up to 10 years).

What is the distinction between S.227 and S.228?

S.227 is giving false evidence (oral testimony under oath). S.228 is fabricating false evidence (creating physical circumstances, documents or records intended to appear as evidence).

Is the spouse of an offender liable for harbouring under S.249?

No. The Exception expressly excludes harbouring by the spouse.

What does S.238 cover?

Causing disappearance of evidence of an offence, or giving false information to screen the offender from punishment. Punishment is graduated by the seriousness of the offence screened.

Exam Scenario

Problem: Witness Arjun testifies in a murder trial that he saw the accused at the crime scene at 10 p.m. In fact, Arjun was not present and has no knowledge of the events. The accused is convicted and sentenced to death. It is later discovered that Arjun was paid Rs. 5 lakhs by the victim's family to give this testimony. Separately, Bharat, who actually saw the murder being committed, destroys the CCTV footage from his shop to protect the accused, who is his friend. Advise on the liability of Arjun and Bharat.

Step 1: Test Arjun under S.227 and S.229(1)

Element Arjun
Legally bound by oath to state the truth Yes: witness testifying in a murder trial
Statement is false Yes: he was not present and has no knowledge
Knows it to be false Yes: he accepted payment to testify falsely
In a judicial proceeding Yes: a murder trial

Arjun is liable under S.229(1): up to 7 years + fine.

Step 2: Test Arjun under S.230

Element Arjun
Gave false evidence with intent to procure conviction of a capital offence Yes: murder is punishable with death under S.103
An innocent person was convicted and executed Yes (on the facts)

S.230(2) applies: Arjun shall be punished with death or with life imprisonment / up to 10 years RI + fine.

Step 3: Test whether the family that paid Arjun is liable

The family instigated Arjun to give false evidence (S.45(a) read with S.230). Under S.232, whoever threatens a person to give false evidence is punishable; paying money to induce false testimony is instigation under S.45 and abetment under S.49.

The family members are liable as abettors of S.230: same punishment as Arjun.

Step 4: Test Bharat under S.238

Element Bharat
Knows an offence (murder) has been committed Yes: he witnessed it
Causes evidence to disappear Yes: destroys the CCTV footage
Intention of screening the offender from punishment Yes: he is protecting his friend
The offence screened is punishable with death Yes: murder

S.238(a) applies: imprisonment up to 7 years + fine.

Two traps in this problem

S.230(2) carries the death penalty. This is the only section in the BNS where a witness (not the actual killer) can face death. The severity reflects the betrayal of the judicial oath and the irreversible consequence.

Destroying evidence is S.238, not S.241. S.241 is for destroying a document to prevent its production when lawfully compelled. S.238 is for causing disappearance of evidence of an offence with the intent to screen. Here Bharat acts to screen, so S.238 is the correct charge.

Conclusion. Arjun: S.230(2), punishable with death (innocent person executed). Bharat: S.238(a), up to 7 years (screening a murder offender by destroying evidence). The family: abetment of S.230.

See Also

  • Offences by and Relating to Public Servants : S.212 and S.217 (false information to public servants), the lesser form.
  • Abetment : the family's liability as instigators of Arjun's perjury.
  • EVID-2.2 Confessions : the evidentiary treatment of false statements and their admissibility.