Bharatiya Nyaya Sanhita, 2023

BNS Section 231

Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment

In one line

BNS Section 231 deals with giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment and replaces IPC 195.

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
231Giving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment for life or with imprisonment for 7 years, or upwards.The same as for the offence.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 231

231. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment.

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 by the law for the time being in force in India is not capital, but punishable with imprisonment for life, or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished. Illustration. A gives false evidence before a Court, intending thereby to cause Z to be convicted of a dacoity. The punishment of dacoity is imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, with or without fine. A, therefore, is liable to imprisonment for life or imprisonment, with or without fine.

Frequently asked

What was BNS Section 231 in the IPC?

BNS Section 231 (Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment) replaces Section 195 of the Indian Penal Code, 1860. IPC 195 is now BNS 231.

What is the punishment under BNS 231?

Giving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment for life or with imprisonment for 7 years, or upwards – The same as for the offence. Under the First Schedule to the BNSS, 2023 it is non-cognizable and non-bailable, triable by court of Session.

Is BNS 231 bailable?

Non-bailable: BNS 231. 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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