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 corresponding provision in the Bharatiya Nyaya Sanhita, 2023 (BNS), is Section 229, in force from 1 July 2024. This article explains the offence, sentencing limits, statutory explanations and the procedure for allegations of perjury.
1. BNS Section 229: Current legal provision
Section 229(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, is punishable with imprisonment of either description for a term extending to seven years and is also liable to a fine extending to ten thousand rupees.
Section 229(2): Whoever intentionally gives or fabricates false evidence in any other case is punishable with imprisonment of either description for a term extending to three years and is also liable to a fine extending to five thousand rupees.
The offence requires proof of the relevant elements; an inaccurate statement or conflicting testimony is not automatically intentional false evidence.
2. Definitions: Giving and fabricating false evidence
BNS Section 227 (former IPC Section 191), giving false evidence: A person legally bound by oath, an express provision of law or a lawful duty to make a declaration gives false evidence by making a false statement that the person knows or believes to be false, or does not believe to be true. Statements may be verbal or otherwise, and knowingly false assertions about one's own belief or knowledge are covered.
BNS Section 228 (former IPC Section 192), fabricating false evidence: A person creates a circumstance, false entry in a book, record or electronic record, or a document or electronic record containing a false statement, intending it to appear as evidence in a judicial proceeding or legally prescribed proceeding before a public servant or arbitrator, and to cause an erroneous opinion on a material point.
3. Punishment comparison
| Situation | BNS Section 229 | Former IPC Section 193 |
|---|---|---|
| Intentionally giving or fabricating false evidence in a judicial proceeding | Up to 7 years (either description) and fine up to Rs. 10,000 | Up to 7 years (either description) and liability to fine |
| Intentionally giving or fabricating false evidence in other cases | Up to 3 years (either description) and fine up to Rs. 5,000 | Up to 3 years (either description) and liability to fine |
The former IPC text did not specify the same fixed maximum fines in Section 193. For acts occurring before 1 July 2024, applicable saving and transitional provisions must be considered.
4. Three statutory explanations and original illustrations
Explanation 1: Court-martial
A trial before a Court-martial is a judicial proceeding for the purposes of this offence.
Explanation 2: Preliminary investigation
An investigation directed by law and preliminary to proceedings before a Court of Justice is treated as a stage of a judicial proceeding, even when the investigation itself does not take place in court.
Original illustration: A, during an enquiry before a Magistrate to determine whether Z ought to be committed for trial, makes a statement on oath knowing it to be false. As the enquiry is a stage of a judicial proceeding, A gives false evidence.
Explanation 3: Court-directed investigation
An investigation directed by a Court of Justice according to law and conducted under its authority is a stage of a judicial proceeding even when conducted outside the courtroom.
Original illustration: A, during an enquiry by an officer deputed by a Court of Justice to ascertain land boundaries on site, makes an oath-bound statement knowing it to be false. This is false evidence at a stage of a judicial proceeding.
5. What must be proved?
- Relevant act: The accused gave false evidence within Section 227 or fabricated it within Section 228.
- Intention: The false evidence was given or fabricated intentionally; an honest mistake is not enough.
- Context: The prosecution establishes whether the conduct relates to a judicial proceeding or another case, which determines the punishment limb.
- Evidence: The material facts, legal duty to speak truthfully where applicable, and state of mind must be proved under the applicable evidentiary rules.
6. BNSS procedure for false evidence in court
BNSS Section 215 restricts the court's taking cognizance of specified offences relating to false evidence when committed in or in relation to proceedings in a court, except upon a written complaint of that court or an authorised court officer, or a court to which it is subordinate, as the provision allows. BNSS Section 379 sets out the procedure for the court to consider making a complaint when expedient in the interests of justice. These provisions should not be read as an automatic bar to every false-evidence allegation outside court-related proceedings.
A contradiction in testimony does not by itself prove deliberate perjury. The court must assess whether a knowingly false statement or fabrication meeting the statutory ingredients is shown, and whether prosecution is expedient in the interests of justice where the court-complaint procedure applies.
7. Practical examples and safeguards
- Knowingly false testimony: A witness deliberately states an invented fact under oath during a trial.
- Fabricated electronic evidence: A person knowingly creates a false electronic record intending that it mislead a court on a material issue.
- Genuine mistake: A witness gives an inaccurate date in good faith. Without the necessary dishonest knowledge or intention, that error alone does not establish the offence.
8. Related provisions
BNS Sections 227 and 228 define giving and fabricating false evidence. Section 229 supplies the general punishment. More serious conduct involving false evidence intended to secure convictions for grave offences may attract separate provisions and penalties; those must be evaluated independently.
9. Frequently asked questions
Which provision replaces IPC Section 193?
Section 229 of the Bharatiya Nyaya Sanhita, 2023 corresponds to former IPC Section 193.
What is the punishment for false evidence in judicial proceedings?
Under BNS Section 229(1), imprisonment of either description up to seven years and a fine up to Rs. 10,000.
What is the punishment for false evidence in other cases?
Under BNS Section 229(2), imprisonment of either description up to three years and a fine up to Rs. 5,000.
Does fabricating false evidence include electronic records?
Yes. BNS Section 228 covers false entries in records and electronic records and documents or electronic records containing false statements when its other ingredients are met.
Can a private person directly initiate a perjury prosecution for statements in court?
For covered offences related to court proceedings, BNSS Section 215 imposes restrictions on cognizance; BNSS Section 379 provides a procedure for a court complaint. The facts and applicable statutory conditions must be examined.
10. Official legislation and further reading
- India Code: Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023)
- India Code: Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023)
- NCRB: BNS section reference
- Perjury: Case law and citations
This article provides general legal information. The date of the alleged offence and the particular proceeding may affect the governing law and procedure.