BNS Section 229 — Punishment for false evidence

Summary

Sub-section (1) covers false evidence given in a judicial proceeding. A person who intentionally gives false evidence at any stage of a judicial proceeding, or who fabricates false evidence intending it to be used at any stage of a judicial proceeding, faces imprisonment of either kind for up to seven years, plus a fine of up to ten thousand rupees.

Sub-section (2) covers false evidence given or fabricated in any case other than the one described in sub-section (1). A person who intentionally gives or fabricates false evidence in such a case faces imprisonment of either kind for up to three years, plus a fine of up to five thousand rupees.

Explanation 1 states that a trial before a Court-martial counts as a judicial proceeding.

Explanation 2 states that an investigation directed by law, which comes before a proceeding before a Court, counts as a stage of a judicial proceeding, even if that investigation does not take place before a Court. The illustration gives the example of a person who, during an enquiry before a Magistrate to decide whether someone should be committed for trial, makes a statement on oath that he knows to be false — this counts as giving false evidence because the enquiry is a stage of a judicial proceeding.

Explanation 3 states that an investigation directed by a Court according to law, and conducted under the authority of a Court, also counts as a stage of a judicial proceeding, even if that investigation does not take place before a Court. The illustration gives the example of a person who, during an enquiry before an officer deputed by a Court to ascertain the boundaries of land on the spot, makes a statement on oath that he knows to be false — this counts as giving false evidence because the enquiry is a stage of a judicial proceeding.

Official Text

(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.

Related Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
• SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
• SC (2025) Vol.7 p.105 — Supreme Court of India (2025)
• SC (2025) Vol.9 p.283 — Supreme Court of India (2025)
• SC (2024) Vol.6 p.129 — Supreme Court of India (2024)

Old <-> New Code Mapping

• IPC §193 — Punishment for false evidence