IPC Section 195 and BNS Section 231: False Evidence to Secure Conviction for a Serious Offence

Intentionally giving or fabricating false evidence to cause another person to be convicted of a serious non-capital offence attracts an enhanced punishment under Indian criminal law. This guide explains the former Section 195 of the Indian Penal Code (IPC) and its corresponding provision, Section 231 of the Bharatiya Nyaya Sanhita, 2023 (BNS).

Current law: BNS Section 231 applies under the criminal law framework effective from 1 July 2024. IPC Section 195 remains relevant to earlier conduct, subject to the applicable repeal, savings and transitional provisions. The key rule is punishment equivalent to that prescribed for the offence of which the false evidence was intended to secure a conviction.

Meaning of IPC Section 195 and BNS Section 231

BNS Section 231 concerns a person who gives or fabricates false evidence, intending to cause, or knowing it likely to cause, another person to be convicted of an offence which is not punishable with death but is punishable with imprisonment for life or imprisonment for seven years or upwards.

The section directs that the offender be punished as a person convicted of that targeted offence would be liable to be punished. The former IPC Section 195 contained the same substantive principle.

Definitions of key expressions

Giving false evidence: Under BNS Section 227 (formerly IPC Section 191), making a statement known or believed to be false, or not believed to be true, while legally bound by oath or law to speak the truth or make a declaration.

Fabricating false evidence: Under BNS Section 228 (formerly IPC Section 192), creating circumstances, false entries or documents, including electronic records, intending them to be used as evidence so that a decision-maker forms an erroneous opinion on a material point.

Non-capital serious offence: An offence not punishable by death, but carrying a punishment of life imprisonment or a term of imprisonment of seven years or more. The precise statutory punishment of the intended offence matters.

Essential ingredients of the offence

The accused gave false evidence or fabricated false evidence within the meaning of the applicable law.
The accused intended to cause another person to be convicted, or knew that such a conviction was likely to result.
The contemplated conviction concerned a non-capital offence punishable with life imprisonment or imprisonment for at least seven years.
The evidence and surrounding circumstances establish the requisite intention or knowledge.

The prosecution need not establish that the targeted person was actually convicted to satisfy the words of this section. A mistaken statement, without the required falsity and mental element, does not automatically establish the offence.

Punishment under BNS Section 231

Question	Legal position
Maximum punishment	The punishment available for the underlying serious offence of which the accused intended to procure conviction; there is no single fixed term in Section 231.
Type of target offence	Non-capital offence punishable with imprisonment for life or imprisonment for seven years or upwards.
Cognizability	Non-cognizable
Bail	Non-bailable
Trial court	Court of Session

The classifications above are given in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Non-bailable does not mean that bail can never be granted; it means bail is governed by judicial discretion and the applicable procedural rules.

Distinction from other false-evidence provisions

BNS Section 229 provides the general punishment for giving or fabricating false evidence. BNS Section 230 addresses false evidence intended to procure conviction of a capital offence. BNS Section 231 addresses the serious but non-capital category described above.

Statutory illustration: False evidence in a dacoity case

The original illustration under IPC Section 195, retained in substance under BNS Section 231, describes A giving false evidence before a court with the intention of causing Z to be convicted of dacoity. Because the illustrated offence is punishable with life imprisonment or rigorous imprisonment extending to ten years, with or without fine, A becomes liable to the corresponding punishment for that offence.

The illustration explains the principle of matching the punishment to the serious offence for which a conviction was sought. The punishment for any actual charge must be determined from the currently applicable provision governing that offence.

Court complaints, investigation and evidence

Where an allegation relates to false evidence given in or in relation to a court proceeding, BNSS Section 215 may restrict the court's ability to take cognizance except upon the required written complaint by the relevant court or authorised officer. BNSS Section 379 sets out the procedure for a court complaint concerning specified offences affecting the administration of justice. The precise route depends on the alleged act and its connection with proceedings.

Relevant evidence may include testimony, records, documents, electronic records, communications, the nature of the targeted charge, and proof of the accused's intention or knowledge. The mere failure of a prosecution or an inconsistency in testimony does not, without more, establish this aggravated false-evidence offence.

For conduct preceding the commencement of the new criminal codes, the applicable IPC and CrPC provisions and saving rules should be examined separately.

Frequently asked questions

What is the BNS equivalent of IPC Section 195?

Section 231 of the Bharatiya Nyaya Sanhita, 2023 corresponds to Section 195 of the Indian Penal Code, 1860.

What punishment does BNS Section 231 prescribe?

The person is liable to the punishment that a person convicted of the targeted serious offence would face. The exact punishment depends on the underlying offence.

Does Section 231 require the innocent person to be convicted?

No. The provision focuses on giving or fabricating false evidence with the required intention or knowledge of likely conviction; an actual conviction is not a stated prerequisite.

Is BNS Section 231 bailable?

No. Under the BNSS First Schedule it is non-cognizable, non-bailable and triable by a Court of Session.

How does BNS Section 231 differ from Section 230?

Section 230 concerns false evidence intended to procure conviction of a capital offence. Section 231 concerns a non-capital offence punishable with imprisonment for life or imprisonment for seven years or upwards.

Official statutory references

General legal information, not advice on any particular proceeding. Check the applicable law and judicial decisions before taking action.