IPC Section 192 and BNS Section 228: Fabricating False Evidence
Fabricating false evidence means deliberately creating a misleading circumstance, entry or document intended to influence the decision-maker on a material point in a judicial or other specified legal proceeding. The current definition is in Section 228 of the Bharatiya Nyaya Sanhita, 2023 (BNS), corresponding to Section 192 of the Indian Penal Code, 1860 (IPC).
1. Definition under BNS Section 228
A person fabricates false evidence if that person causes a circumstance to exist, makes a false entry in a book, record or electronic record, or makes a document or electronic record containing a false statement, intending that it appear as evidence in a judicial proceeding, a legally conducted proceeding before a public servant, or a proceeding before an arbitrator, and that it cause the person evaluating evidence to form an erroneous opinion on a point material to the result.
The provision covers fabricated physical circumstances as well as paper and electronic evidence. The decisive question is not merely whether information is wrong but whether the required intention and connection to a relevant proceeding are proved.
2. Essential ingredients of fabricating false evidence
- Creation or falsification: The accused causes a circumstance to exist, makes a false entry or creates a document or electronic record containing a false statement.
- Intended evidentiary use: The circumstance, entry or statement is intended to appear in evidence in a judicial proceeding or another proceeding identified by Section 228.
- Intended misleading effect: It is intended to cause a person forming an opinion on the evidence to reach an erroneous opinion.
- Materiality: The erroneous opinion must concern a point material to the result of that proceeding.
Proof of intention can depend on contemporaneous communications, metadata, document history, witnesses and surrounding circumstances. An innocent clerical error, without the requisite intention, does not automatically constitute this offence.
3. All three statutory illustrations explained
(a) Planting stolen jewels
A puts jewels into a box belonging to Z intending that they be found there and that Z be convicted of theft. The planted circumstance is intended to mislead the court, so A fabricates false evidence.
(b) False entry in a shop book
A makes a false entry in a shop book intending to use it as corroborative evidence in a court of justice. A fabricates false evidence even though the fabricated item is a business record.
(c) Forged letter suggesting conspiracy
A imitates Z's handwriting in a letter that appears to be addressed to a supposed accomplice in a criminal conspiracy, and leaves it where police are likely to search, intending to implicate Z. This is fabrication of false evidence.
These illustrations preserve the substance of the examples associated with IPC Section 192 and BNS Section 228; they are explanatory and do not exhaust the ways the offence can occur.
4. Punishment under BNS Section 229
| Situation | Applicable provision | General punishment |
|---|---|---|
| False evidence given or fabricated for use in any stage of a judicial proceeding | BNS 229(1) | Imprisonment of either description up to 7 years and fine up to Rs. 10,000 |
| False evidence given or fabricated in any other case | BNS 229(2) | Imprisonment of either description up to 3 years and fine up to Rs. 5,000 |
Under the earlier IPC Section 193, the maximum imprisonment was seven years for judicial proceedings and three years for other cases, with a fine not expressed as the same fixed monetary caps. The applicable law depends on the date of conduct and transitional provisions. BNS Sections 230 and 231 address aggravated cases involving an intent to procure conviction of specified serious offences and can prescribe substantially more severe consequences.
5. Fabricating versus giving false evidence
BNS Section 227 (former IPC Section 191) defines giving false evidence, such as knowingly making a false statement when legally bound to state the truth. BNS Section 228 (former IPC Section 192) instead addresses deliberately manufacturing misleading circumstances, entries or records for use as evidence. Both may attract Section 229, depending on the facts.
6. Electronic records and digital fabrication
Section 228 expressly encompasses electronic records. Altered spreadsheets, fabricated digital logs or manipulated electronic documents may be relevant where they are intended to mislead a legal decision-maker on a material point. Authenticity, the source of the data, chain of custody and the applicable evidence law, including the Bharatiya Sakshya Adhiniyam, 2023, may be important.
7. Procedure, court complaints and safeguards
Proceedings concerning offences affecting the administration of justice may engage the court-complaint restrictions in BNSS Section 215(1)(b), subject to its statutory conditions and exceptions. Where a court considers making a complaint, the procedure in BNSS Section 379 may apply. These requirements should not be reduced to a universal rule for every alleged false record: the context, the precise offence and when the alleged conduct occurred matter.
Where fabrication is alleged, preserve the original documents or electronic files, maintain an audit trail, identify the proceeding for which the material was intended, and distinguish factual errors from intentional deception. The offence classification and route for taking cognizance should be checked against the BNSS First Schedule and the precise charge.
8. Frequently asked questions
Which BNS provision corresponds to IPC Section 192?
Section 228 of the Bharatiya Nyaya Sanhita, 2023 defines fabricating false evidence.
Does BNS Section 228 itself prescribe punishment?
No. Section 228 defines the offence; Section 229 provides the general punishment for giving or fabricating false evidence. More serious conduct may attract other sections.
What is the penalty for fabricating false evidence in a judicial proceeding?
Under BNS Section 229(1), imprisonment of either description up to seven years and liability to a fine up to Rs. 10,000.
Does a false electronic record count?
Yes. Section 228 expressly includes false entries in electronic records and documents or electronic records containing false statements, where the statutory intent and other conditions are met.
Does every inaccurate document amount to fabrication?
No. The prosecution must establish the required intention to mislead a person deciding a material point in a qualifying proceeding; a mere mistake is not enough.
9. Official legal references
- India Code - official repository of Central Acts (BNS 2023, Sections 227-231)
- Ministry of Home Affairs - new criminal laws and notifications
- India Code - BNSS 2023, Sections 215 and 379 and First Schedule
- India Code - Bharatiya Sakshya Adhiniyam, 2023
Disclaimer: This article provides general information, not advice on a particular prosecution or dispute. Check current legislation, applicable amendments, procedural provisions and judicial decisions before acting.