IPC Section 192 and BNS Section 228: Fabricating False Evidence
Fabricating false evidence means deliberately creating a false circumstance, entry or statement with the intention that it be used in a legal proceeding and mislead a person deciding a material issue. Section 228 of the Bharatiya Nyaya Sanhita, 2023 (BNS) corresponds to the earlier Section 192 of the Indian Penal Code, 1860 (IPC).
1. Definition under BNS Section 228
A person fabricates false evidence by causing a circumstance to exist, making a false entry in a book, record or electronic record, or creating a document or electronic record containing a false statement, intending that it may appear in evidence in a judicial proceeding, a proceeding taken by law before a public servant, or before an arbitrator, and may lead a person forming an opinion on that evidence to reach an erroneous opinion on a point material to the result.
The section requires the particular purpose of misleading a decision-maker. A mistake in bookkeeping, an inaccurate record made without the requisite intention, or an ordinary disagreement about facts does not automatically establish the offence.
2. Essential ingredients
- Creation or alteration: A circumstance is deliberately created, or a false entry or false statement is made in a record, document or electronic record.
- Intended evidentiary use: The accused intends it to appear as evidence in a qualifying proceeding.
- Materiality: The false material is intended to induce an erroneous opinion on a point material to the outcome.
- Required mental element: The intention must be established from admissible evidence and surrounding circumstances.
3. Statutory illustrations explained
- Planted jewellery: A puts jewellery in Z's box intending that its discovery will cause Z to be convicted of theft. A fabricates false evidence by creating a misleading circumstance.
- False shop-book entry: A makes a false entry in a shop-book to use it as corroborative evidence in court. The false entry is fabricated evidence.
- Forged conspiracy letter: A imitates Z's handwriting in a letter purportedly sent to a co-conspirator and plants it where police are likely to search, intending to cause Z's conviction. A fabricates false evidence.
4. Electronic records and digital fabrication
The statutory language expressly covers electronic records. Depending on the facts, fabricated messages, altered digital ledgers, falsified electronic logs or manufactured electronic documents can fall within the definition if all statutory elements are established. Authenticity, provenance and admissibility of digital evidence require separate consideration under applicable evidence law, including the Bharatiya Sakshya Adhiniyam, 2023.
5. Punishment under BNS Section 229
| Situation | General maximum punishment |
|---|---|
| Intentionally giving or fabricating false evidence in a judicial proceeding (Section 229(1)) | Imprisonment of either description up to 7 years and fine up to Rs. 10,000 |
| Intentionally giving or fabricating false evidence in another case (Section 229(2)) | Imprisonment of either description up to 3 years and fine up to Rs. 5,000 |
More serious offences may be engaged where false evidence is fabricated to procure conviction for a grave offence. Do not assume Section 229 exhausts all potentially applicable provisions.
6. Procedure for false evidence in court
Under BNSS Section 215, special restrictions on a court taking cognizance apply to specified offences involving false evidence in or in relation to court proceedings. BNSS Section 379 sets out the procedure where a court considers making a complaint in relation to such offences. These provisions should be examined before filing or pursuing a perjury-related complaint; they are not a blanket requirement for every alleged act of fabrication outside court proceedings.
7. Difference between giving and fabricating false evidence
BNS Section 227 (former IPC Section 191) addresses knowingly false statements made by persons legally bound to state the truth. BNS Section 228 (former IPC Section 192) addresses deliberate creation of false circumstances, entries or documents intended to mislead a decision-maker. The two offences may overlap in particular fact patterns.
8. Historical case-law references retained from the original page
The original webpage listed the following historical citations. They are retained for research reference only; their exact reports, facts, subsequent treatment and continuing applicability have not been independently verified:
- Rajaram (1920) 22 Bom LR 1229
- Zakir Hussain (1898) 21 All 159
- Fateh, ILR 5 All 217 (per Mahmud J.)
- Thewa Ram, 10 CIR 187
- Kunju, AIR 1927 Mad 199
- Legal Remembrancer v. Ahi Lal Mondal (1921) 48 Cal 911
- Mala (1879) 2 All 105
- Durga Charan Giri (1920) 25 All 75
9. Frequently asked questions
What is the current equivalent of IPC Section 192?
Section 228 of the Bharatiya Nyaya Sanhita, 2023 defines fabricating false evidence.
Does fabricating electronic records count?
Yes. The statutory definition covers false entries in electronic records and documents or electronic records containing false statements, when the required intent is proved.
What is the punishment?
BNS Section 229 generally provides up to seven years and a fine up to Rs. 10,000 for intentionally giving or fabricating false evidence in a judicial proceeding, or up to three years and a fine up to Rs. 5,000 in other cases. Special aggravated provisions may apply.
Does every inaccurate document amount to fabrication?
No. The statutory elements include a deliberate false circumstance, entry or statement and the specified intention to mislead a decision-maker on a material point.
10. Official legislative references
- India Code: Bharatiya Nyaya Sanhita, 2023 (Sections 227 to 229)
- India Code: Bharatiya Nagarik Suraksha Sanhita, 2023 (Sections 215 and 379)
- India Code: Bharatiya Sakshya Adhiniyam, 2023
Disclaimer: General legal information only. Confirm the applicable statute, amendments and binding decisions for a particular case.