Bharatiya Nyaya Sanhita, 2023
BNS Section 230
Giving or fabricating false evidence with intent to procure conviction of capital offence
In one line
BNS Section 230 deals with giving or fabricating false evidence with intent to procure conviction of capital offence and replaces IPC 194.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 230(1) | Giving or fabricating false evidence with intent to cause any person to be convicted of capital offence. | Imprisonment for life, or rigorous imprisonment for 10 years and 50,000 rupees. | Non-cognizable. | Non-bailable. | Court of Session. |
| 230(2) | If innocent person be thereby convicted and executed. | Death, or as above. | Non-cognizable. | Non-bailable. | Court of Session. |
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 230
230. Giving or fabricating false evidence with intent to procure conviction of capital offence.
(1) Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital by the law for the time being in force in India shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine which may extend to fifty thousand rupees.
(2) If an innocent person be convicted and executed in consequence of false evidence referred to in sub-section (1), the person who gives such false evidence shall be punished either with death or the punishment specified in sub-section (1).
What changed from the IPC
- IPC 194 → BNS 230: Fine defined in this section as up to fifty thousand rupees.
Frequently asked
What was BNS Section 230 in the IPC?
BNS Section 230 (Giving or fabricating false evidence with intent to procure conviction of capital offence) replaces Section 194 of the Indian Penal Code, 1860. IPC 194 is now BNS 230.
What is the punishment under BNS 230(1)?
Giving or fabricating false evidence with intent to cause any person to be convicted of capital offence – punishable with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine which may extend to fifty thousand rupees. Under the First Schedule to the BNSS, 2023 it is non-cognizable and non-bailable, triable by court of Session.
What is the punishment under BNS 230(2)?
If innocent person be thereby convicted and executed – Death, or as above. Under the First Schedule to the BNSS, 2023 it is non-cognizable and non-bailable, triable by court of Session.
Is BNS 230 bailable?
Non-bailable: BNS 230(1), 230(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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Nearby BNS sections
- BNS 225 — Threat of injury to induce person to refrain from applying for protection to public servant
- BNS 226 — Attempt to commit suicide to compel or restrain exercise of lawful power
- BNS 227 — Giving false evidence
- BNS 228 — Fabricating false evidence
- BNS 229 — Punishment for false evidence
- BNS 231 — Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
- BNS 232 — Threatening any person to give false evidence
- BNS 233 — Using evidence known to be false
- BNS 234 — Issuing or signing false certificate
- BNS 235 — Using as true a certificate known to be false