What Is BNS Section 228?

Bharatiya Nyaya Sanhita, 2023 - Section 228: Fabricating False Evidence

Whoever causes any circumstance to exist or makes any false entry in any book or record, or electronic record, or makes any document or electronic record containing a false statement, intending that such circumstance, false entry, or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry, or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding is said to fabricate false evidence.

Illustrations

(a) A puts jewels into a box belonging to Z, with the intention that they may be found in that box, and that this circumstance may cause Z to be convicted of theft. A has fabricated false evidence.

(b) A makes a false entry in his shop-book for the purpose of using it as corroborative evidence in a Court. A has fabricated false evidence.

(c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in imitation of Z’s handwriting, purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter in a place which he knows that the officers of the police are likely to search. A has fabricated false evidence.

Brief Detail

BNS Section 228 defines the offense of fabricating false evidence, which includes creating false circumstances, entries, or documents intended to mislead judicial or public proceedings. This section emphasizes the intent behind such actions, which can significantly affect the outcome of legal proceedings.

Question & Answers

Q1: What actions constitute fabricating false evidence under BNS Section 228?

A1: Actions such as creating false circumstances, making false entries in records, or producing documents with false statements intended for use in legal proceedings constitute fabricating false evidence.

Q2: Is it sufficient for the false evidence to be presented in court for the offense to occur?

A2: Yes, the intention behind creating false evidence is to ensure that it appears in a judicial proceeding, potentially leading to an erroneous conclusion about a material point in the case.

Q3: Can someone be punished for fabricating false evidence even if the intended outcome is not achieved?

A3: Yes, the intent to mislead legal proceedings is sufficient for punishment, regardless of whether the false evidence successfully influences the outcome.

Example

Example Scenario:

If a person plants evidence in someone else's belongings to falsely accuse them of a crime, they are committing the offense of fabricating false evidence under Section 228.

Summary

BNS Section 228 criminalizes the act of fabricating false evidence by creating misleading circumstances or documents intended for use in legal proceedings. This section serves to protect the integrity of the judicial process by penalizing attempts to mislead or deceive the court or public servants.