Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 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.
Illustration
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.
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.
Illustration
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.
Brief Detail
BNS Section 229 prescribes severe penalties for giving or fabricating false evidence during judicial proceedings, including imprisonment and fines. It emphasizes the gravity of providing false statements in any judicial context, including inquiries and investigations.
Question & Answers
Q1: What is the punishment for intentionally giving false evidence in a judicial proceeding under BNS Section 229?
A1: The punishment is imprisonment for a term which may extend to seven years, along with a fine that may extend to ten thousand rupees.
Q2: Are there different penalties for false evidence given outside judicial proceedings?
A2: Yes, false evidence given in cases other than those in sub-section (1) can result in imprisonment for up to three years and a fine of up to five thousand rupees.
Q3: Does the definition of judicial proceeding include preliminary investigations?
A3: Yes, investigations directed by law prior to a court proceeding are considered a stage of a judicial proceeding, even if they do not occur in front of a court.
Example
Example Scenario:
If a witness knowingly lies during a police investigation regarding a crime, that witness can be charged under Section 229 for giving false evidence, which is treated as part of the judicial process.
Summary
BNS Section 229 imposes strict penalties for those who intentionally give or fabricate false evidence in judicial proceedings, highlighting the importance of truthfulness in the justice system and protecting its integrity through significant consequences for dishonesty.
