“Law Master’s Publication”
‘Offences of False Evidence’
Prof. Santosh D. Bhosale 209
(..22..)
OFFENCES OF FALSE EVIDENCE
(Ch. XIV)
QUESTION BANK
Q. 1 Define the offence of “Giving False Evidence” and distinguish it from
Fabricating false evidence
Q.2 Explain the concept of “Giving False Evidence” and Fabricating false evidence
SHORT NOTES
1. Cheating by personation.
2. Giving False Evidence
3. Fabricating false evidence
SYNOPSIS
I. Giving False Evidence (S. 227):-
II. Fabricating False Evidence (S. 228)
III.
Distinction between “Giving False Evidence” and “Fabricating False” Evidence-
1)
2)
3)
4)
5)
As to Intention-
Binding Obligation-
As to the material point-
Effect on Officer-
Present Proceeding-
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IV.
V.
Punishment (S. 229)-
Aggravated Forms of Offences of “Giving and Fabricating False Evidence” -
1. Giving or fabricating false evidence with intent to procure conviction of a
capital offence (S. 230)-
2. Giving or fabricating false evidence with intent to procure conviction of a
imprisonment for life or 7 years (S. 231)-
3. Using Evidence Known to Be False (S. 233)-
VI.
Allied Offences of giving or fabricating false evidence:-
1. Causing Disappearance of Evidence of Offense, or Giving False Information to
Screen Offender (S. 238):
2. False Statements and Declarations-
a. Issuing or Signing False Certificate (S. 234):
b. False Statement Made in Declaration which is by Law Receivable as
Evidence (S. 236):
c. Giving False Information Respecting an Offense Committed (S. 240):
3. Fraudulent Activities in Legal Proceedings-
a. Fraudulently Suffering a Decree for a Sum Not Due (S. 245):
b. Dishonestly Making False Claim in Court (S. 246):
c. Fraudulently Obtaining a Decree for a Sum Not Due (S. 247):
Introduction-
The administration of justice relies heavily on the truthfulness of witnesses and the
authenticity of evidence presented in court. Under the Bharatiya Nyaya Sanhita (BNS),
2023, the offences of "Giving False Evidence" and "Fabricating False Evidence" are
codified to protect this judicial integrity by penalizing any attempt to mislead a public
servant or a judge. These provisions, primarily found in Sections 227 and 228 of the BNS,
treat perjury and evidence tampering not merely as moral failings but as serious criminal
acts that obstruct the due process of law and threaten the foundation of a fair trial.
While both offences share the common objective of deceiving the legal system,
they operate through distinct mechanisms. "Giving False Evidence" (Section 227)
specifically targets individuals who, while under a legal obligation or oath, intentionally
make false statements, effectively criminalizing the act of lying to the court.2 In contrast,
"Fabricating False Evidence" (Section 228) is broader in scope, addressing the
manipulation of reality itself—such as forging documents, altering records, or creating
false circumstances—intended to cause a judge to form an erroneous opinion on a material
point. Together, these sections ensure that both verbal deceit and the physical
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‘Offences of False Evidence’
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manipulation of evidence are punishable with equal severity.
I.
Giving False Evidence (S. 227):-
Whoever,-
i. being legally bound by an oath or by express provision of law to state the truth, or
ii. being bound by law to make a declaration upon any subject,
iii. makes any statement which is false, and
iv. which he either knows or believes to be false, or
v. does not believe to be true-
-is said to give false evidence.
Explanation I - A statement is within the meaning of this section, whether it is made
verbally or otherwise.
Explanation II - A false statement as to the belief of the person attesting is within the
meaning of this section, and a person may be guilty of giving false
evidence by stating that he believes a thing which he does not believe,
He also states that he knows a thing that he does not know.
Illustration
(a)
A, in support of a just claim which B has against Z for one thousand
rupees, falsely swears on a trial that he heard Z admit the justice of B’s
claim. A has given false evidence.
(b)
A, being bound by an oath to state the truth, states that he believes a
certain signature to be the handwriting of Z when he does not believe it to
be the handwriting of Z. Here, A states that which he knows to be false
and, therefore, give false evidence.
(c)
(d)
A, knowing the general character of Z’s handwriting, states that he
believes a certain signature to be the handwriting of Z, A in good faith,
believing it to be so. Here, A’s statement is merely as to his belief and is
true as to his belief, and therefore, although the signature may not be Z's
handwriting, A has not given false evidence.
A, being bound by an oath to state the truth, states that he knows that Z was
at particular place on a particular day, not knowing anything upon the
subject. A gives false evidence whether Z was at that place on the day
named or not.
(e) A, an interpreter or translator, gives or certifies as a true interpretation or
translation of a statement or document which he is bound by oath to
interpret or translate truly, that which is not and which he does not believe
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Facts:- The police officer filed a false affidavit before the High Court in the writ
petition. Petitioner alleges that the officer has arrested a person illegally, and he may be
released. He had filed a habeas corpus writ.
Held: The police officer has committed the offence of giving false evidence, which
is punishable under section 191 and section 193 of I.P.C.
Declaration: - A declaration means a formal statement made in writing and
required by law to be made in writing.
II.
Fabricating False Evidence (S. 228)
- Whoever, -
i) causes any
Intending that such
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
circumstance to
exist, or
circumstance false entry, the
false statement may appear-
ii) makes any false
entry in any book
or record, or
i)
in evidence in a judicial
proceeding, or
ii) in a proceeding taken by
a law before the public
the servant as such, or
iii) before an arbitrator and
that,
electric record, or
iii) makes any
document or
evidence.
To entertain (form) an
erroneous opinion touching
any point material to the
result of such proceeding.
electronic record
containing a false
statement.
- It is said to fabricate false evidence.
Ingredients: -
Fabricating false evidence has the following ingredients-
a)
Causing any circumstance to exist, or to make a false entry in a book or
record or make a document containing a false statement.
b) The above things must have been done with an intention that it might
appear in evidence in a judicial proceeding or a proceeding taken by law
before a public servant or an arbitrator.
c)
The above things so appearing in evidence may cause the person
1
2 (AIR 1959) Pg. 843.
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conducting the proceeding to form an erroneous opinion about the subject
The formation of opinion should be touching any point material to the
result of such a proceeding.
d)
Illustration
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.
III.
Evidence-
The Code has put both these offences on equal footing. However, there are
Distinction between “Giving False Evidence” and “Fabricating False”
following distinctions between these two viz.
As to Intention-
1)
In fact, in both these offences, intention is required. However, there lies the
distinction between the natures of intention. In giving false evidence, the general
intention is sufficient. Whereas in “fabricate false evidence,” particular intention, i.e.,
intention to use false circumstance, entry, or document in evidence to procure the
formation of an erroneous view or opinion on a material point, is necessary.
2)
Binding Obligation
When giving false evidence, a person must be bound by an oath or by an express
provision of law to state the truth or to make a declaration, whereas this is not necessary
when fabricating false evidence.
3)
As to the material point
In giving false evidence, the false statement need not be made on a material point,
whereas, in fabricating false evidence, the evidence fabricated must be on a material point.
4)
Effect on Officer
The effect of false evidence upon an officer is not necessary when giving false
evidence, whereas it is necessary when fabricating false evidence.
5)
Present Proceeding
In giving false evidence, it is necessary that there should be a proceeding present,
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whereas, in fabricating false evidence, the present petition is not necessary; it is sufficient
if there is the likeliness of proceeding in the future.
IV.
Punishment (S. 229)
S. 229 prescribes punishment for the offences defined under S. 227, i.e., giving
false evidence, and S. 228, i.e., fabricating false evidence. The section prescribes the same
punishment for both these offences; rather, it puts both these offences on equal footing
for the sake of punishment. However, S. 229 prescribes punishment in two sets.
i)
In the first set, intentionally giving false evidence in a judicial proceeding
or fabricating false evidence for its use in judicial proceedings is punishable with
imprisonment for up to 7 years and a fine of up to 10,000 rupees.
ii)
In the second set, giving false evidence in any case other than judicial
proceedings and fabricating false evidence for any purpose other than to be used
in judicial proceedings is made punishable with imprisonment for up to 3 years
and a fine up to 5000 years.
S. 229 has 3 explanations. These explanations are given to decide which
proceeding is judicial.
Explanations 1 and 2- According to explanations, a judicial proceeding includes a
proceeding before a Court of Justice, a court-martial, and also investigations directed by
law before a proceeding before the Court of Justice.
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 that he knows to be false. As this inquiry
is a stage of a judicial proceeding, A has given false evidence.
Explanation 3- An investigation directed by a Court of Justice according to law and
conducted under the authority of a Court of Justice is a state of a judicial proceeding.
However, that investigation may not take place before a Court of Justice.
Illustration
A, in an inquiry before the officer deputed by the Court of Justice to ascertain the
boundaries of the land on the spot, makes on oath a statement that he knows to be false.
As the inquiry is a stage of a judicial proceeding, A has given false evidence.
V.
Aggravated Forms of Offences of “Giving and Fabricating False Evidence” -
Following are more serious offences in connection with giving and fabricating
false evidence, viz.
1. Giving or fabricating false evidence with intent to procure conviction of a capital
offence (S. 230)-
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a) Giving or fabricating false evidence with the intent to procure conviction of a capital
offence is punishable with imprisonment for life or imprisonment up to 10 years and a
fine.
But, if an innocent person is convicted due to such false evidence or fabrication,
the punishment is death or the same as above .
2. Giving or fabricating false evidence with intent to procure conviction of a
imprisonment for life or 7 years (S. 231)-
Giving or fabricating false evidence with the intent to procure a conviction of an
offence punishable with imprisonment for life or imprisonment for 7 years or more, the
punishment is the same as that of a person convicted for that offence.
3. Using Evidence Known to Be False (S. 233)-
This section states that whoever corruptly uses or attempts to use as genuine any
evidence which they know to be false or fabricated shall be punished in the same manner
as if they had themselves given or fabricated the false evidence.
VI.
Allied Offences of giving or fabricating false evidence: -
"Allied offences" refers to crimes that are so closely related that they are often
committed in the course of the same criminal act. These are the offences that can be
considered "allied" in function, if not in name. They are separate crimes with their own
punishments but are often committed in conjunction with giving or fabricating false
evidence.
1. Causing Disappearance of Evidence of Offense, or Giving False Information to
Screen Offender (S. 238):
This is a crucial allied offense. It criminalizes a person who, knowing or having
reason to believe that a crime has been committed, causes evidence to disappear or gives
false information with the intention of protecting the offender from legal punishment. The
punishment is directly linked to the seriousness of the original offense:
a. If the original offense is punishable with death, the offender can be imprisoned for up
to seven years and fined.
b. If the original offense is punishable with life imprisonment or imprisonment for up to
ten years, the punishment is imprisonment for up to three years and a fine.
c. If the offense is punishable with imprisonment for less than ten years, the punishment
is a term of imprisonment up to one-fourth of the maximum term provided for the
offense, or a fine, or both.
2. False Statements and Declarations-
a. Issuing or Signing False Certificate (S. 234):
This section addresses individuals who, in their official capacity, issue or sign a
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certificate that is required by law and admissible as evidence, knowing or believing it to
be false on a material point. The punishment is the same as for giving false evidence.
b. False Statement Made in Declaration which is by Law Receivable as Evidence (S.
236):
This section makes it an offence to make a false statement in any declaration that a
court or public servant is legally bound or authorized to receive as evidence. The
punishment for this is the same as for giving false evidence.
c. Giving False Information Respecting an Offence Committed (S. 240):
This section punishes anyone who, knowing or having reason to believe that an
offense has been committed, gives false information about it. The punishment can extend
to two years of imprisonment, a fine, or both.
3. Fraudulent Activities in Legal Proceedings
a. Fraudulently Suffering a Decree for a Sum Not Due (S. 245):
This section makes it an offense for a person to fraudulently allow a decree or
order to be passed against them for a sum they do not owe, or for a greater sum than what
is owed.
b. Dishonestly Making False Claim in Court (S. 246):
This offence covers making a claim in a court of justice that the person knows to
be false, with the intent to injure or annoy another person. The punishment is
imprisonment for up to two years and a fine.
c. Fraudulently Obtaining a Decree for a Sum Not Due (S. 247):
This offence is committed when a person fraudulently obtains a decree or order
from a court for a sum of money or property to which they are not legally entitled.
****
References-
2. “Bharatiya Nyaya Sanhita” A Commentry by J.K.Verma
3. “False Evidence and Offences against Public Justice”
4. BNS Chapter 14 – Of False Evidence and Offences Against Public Justice.pdf BNS
5. Handbook on the Bharatiya Nyaya Sabhita, 2023
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