BNS Section 228- Fabricating false evidence | Bharatiya Nyaya Sanhita 2023

Hello readers! Today, we are going to break down Section 228 of the new Bharatiya Nyaya Sanhita (BNS) 2023. If you've been wondering what exactly this section covers and how it impacts our legal system, you're in the right place.

Bare Act Text

Fabricating false evidence.—Whoever causes any circumstance to exist or makes any false entry in any book or record, or electronic record or makes any document or electronic record containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that 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 evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding is said “to fabricate false evidence”. Illustrations. 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. 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. 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.

Procedural Details

Punishment

Depends on original offence

Nature of Offense

Depends on original offence

Bail Eligibility

Depends on original offence

Compoundability

Non-Compoundable (Refer to BNSS 359 for exceptions)

Trial Court

Depends on original offence

Frequently Asked Questions about BNS Section 228

According to the official bare act, this legal offense is defined as: Fabricating false evidence.—Whoever causes any circumstance to exist or makes any false entry in any book or record, or electronic record or makes any document or electronic record containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that 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 evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding is said “to fabricate false evidence”. Illustrations. 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. 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. 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.
The punishment for this specific offense is outlined under the new law as: Depends on original offence
Under the new legal framework, this specific offense is classified as a Depends on original offenceoffense.
The legal status regarding police arrest without a warrant is that this offense isDepends on original offence.
Cases pertaining to this specific BNS section are triable by the Depends on original offence.
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to BNSS 359 for exceptions).

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