IPC Section 193: Punishment for False Evidence under BNS Section 229

Section 193 of the Indian Penal Code, 1860 (IPC) prescribed punishment for intentionally giving or fabricating false evidence. Its current counterpart is Section 229 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which distinguishes false evidence connected with judicial proceedings from false evidence in other cases.

1. Current provision: BNS Section 229

The BNS generally came into force on 1 July 2024. Section 229(1) punishes a person who intentionally gives false evidence in any stage of a judicial proceeding or fabricates false evidence for use at any stage of a judicial proceeding. Section 229(2) deals with intentional giving or fabrication of false evidence in other cases.

The older IPC Section 193 continues to matter for historical conduct and proceedings, subject to the applicable repeal, savings and transitional provisions. The former IPC section prescribed up to seven years' imprisonment and fine for judicial proceedings, and up to three years' imprisonment and fine for other cases; unlike BNS Section 229, it did not state these specific fine ceilings.

2. What is giving or fabricating false evidence?

Giving false evidence (BNS Section 227; former IPC Section 191): A person legally bound by an oath, an express provision of law or a legally required declaration makes a statement that is false and that the person knows or believes to be false, or does not believe to be true. Statements may be oral or otherwise, including statements of belief.

Fabricating false evidence (BNS Section 228; former IPC Section 192): A person causes a circumstance to exist, makes a false entry in a book or record (including an electronic record), or creates a document or electronic record containing a false statement, intending it to appear as evidence in a judicial proceeding or specified other proceeding and cause an erroneous opinion on a material point.

Intentional conduct: Section 229 requires intentional giving or fabrication of false evidence. An honest mistake, a genuine lapse of memory or a good-faith difference of opinion is not automatically the offence. The precise elements and context must be proved.

3. Punishment under BNS Section 229

Both BNS clauses use imprisonment and fine. The sentence imposed depends on the applicable law and judicial determination. More serious offences involving false evidence intended to secure conviction for serious crimes are separately addressed by other BNS provisions.

4. Statutory explanations and illustrations retained from IPC Section 193

Explanation 1: Court-martial

A trial before a Court-martial is treated as a judicial proceeding for this purpose.

Explanation 2: Investigation preliminary to court proceedings

An investigation directed by law and preliminary to a proceeding before a Court of Justice is a stage of a judicial proceeding, even if it does not take place before the court itself.

Illustration: A makes a statement on oath in an inquiry before a Magistrate to determine whether Z should be committed for trial. A knows the statement is false. Because the inquiry is a stage of a judicial proceeding, A has given false evidence.

Explanation 3: Court-directed investigation

An investigation directed according to law by a Court of Justice and conducted under the court's authority is a stage of a judicial proceeding, even when conducted elsewhere.

Illustration: A knowingly makes a false statement on oath before an officer appointed by a court to ascertain the boundaries of land on site. The inquiry is a stage of a judicial proceeding, and A has given false evidence.

These explanations and illustrations clarify the reach of the judicial-proceeding category; the corresponding BNS provision should be consulted for authoritative wording.

5. Court complaints and procedure under BNSS

BNSS Section 215(1)(b) restricts courts from taking cognizance of specified false-evidence offences when committed in or in relation to a proceeding in a court, except on a written complaint by the court concerned or an authorised officer of that court, or by a court to which it is subordinate, as the statute permits. BNSS Section 379 sets out the procedure for such court complaints.

This restriction is context-specific. It should not be read as saying that every false statement anywhere can only be prosecuted following a court complaint. The relevant statutory category, forum, and alleged act must be examined.

6. Difference between IPC Sections 191, 192 and 193

7. Practical examples

• False sworn testimony: A witness knowingly lies on a material issue while legally bound to tell the truth during a court proceeding.
• False document: A person intentionally creates a misleading electronic record to be relied on in litigation and induce an erroneous finding on a material issue.
• Genuine mistake: A witness incorrectly recalls a date but honestly believes the answer is correct; falsity alone does not establish intentional false evidence.

Actual liability depends on the facts and every element of the relevant offence; these examples are illustrative rather than conclusions about any specific case.

8. Frequently asked questions

9. Official legal references

• India Code: Bharatiya Nyaya Sanhita, 2023 (official Act)
• India Code: Bharatiya Nagarik Suraksha Sanhita, 2023 and other Central Acts
• NCRB: BNS chapter-wise provisions
• NCRB: BNSS First Schedule

Disclaimer: General legal information only. Applicability depends on the date of the alleged conduct and the particular facts and procedural requirements.