Bharatiya Nyaya Sanhita, 2023

BNS Section 229

Punishment for false evidence

In one line

BNS Section 229 deals with punishment for false evidence and replaces IPC 193.

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
229(1)Intentionally giving or fabricating false evidence in a judicial proceeding.Imprisonment for 7 years and 10,000 rupees.Non-cognizable.Bailable.Magistrate of the first class.
229(2)Giving or fabricating false evidence in any other case.Imprisonment for 3 years and 5,000 rupees.Non-cognizable.Bailable.Any Magistrate.

Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.

Bare act text — BNS 229

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.

What changed from the IPC

  • IPC 193 → BNS 229: Fine is defined in sub-section (1) as up to ten thousand rupees and in sub-section (2) as up to five thousand rupees.

Frequently asked

What was BNS Section 229 in the IPC?

BNS Section 229 (Punishment for false evidence) replaces Section 193 of the Indian Penal Code, 1860. IPC 193 is now BNS 229.

What is the punishment under BNS 229(1)?

Intentionally giving or fabricating false evidence in a judicial proceeding – punishable 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. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by magistrate of the first class.

What is the punishment under BNS 229(2)?

Giving or fabricating false evidence in any other case – punishable 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. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by any Magistrate.

Is BNS 229 bailable?

Bailable: BNS 229(1), 229(2). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.

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