Indian criminal law | Updated 29 October 2026
IPC Section 196 and BNS Section 233: Using Evidence Known to Be False
Section 196 of the Indian Penal Code, 1860 (IPC) punished a person who corruptly used or attempted to use evidence as true or genuine while knowing it to be false or fabricated. The corresponding provision under the Bharatiya Nyaya Sanhita, 2023 (BNS), in force from 1 July 2024, is Section 233.
1. Statutory meaning: IPC Section 196 and BNS Section 233
The core statutory rule is that whoever corruptly uses or attempts to use as true or genuine evidence any evidence which that person knows to be false or fabricated is punishable in the same manner as if that person gave or fabricated false evidence.
The word corruptly is significant: the offence is not established merely because evidence is inaccurate. The required knowing and improper use or attempted use must be proved. Section 233 covers using a fabricated document, an invented record or other evidence in a qualifying evidentiary context, subject to the statutory ingredients.
2. Essential ingredients
- Evidence: There is evidence that is false or fabricated.
- Knowledge: The accused knows the evidence to be false or fabricated.
- Corrupt use or attempt: The accused corruptly uses, or attempts to use, the evidence as if it were true or genuine.
- Relevant legal context: The facts establish the evidentiary use and any further requirements of the charged offence.
Knowledge and intention are usually inferred from reliable facts, such as communications, authorship, prior corrections, the history of a document, surrounding conduct and testimony. The mere rejection of evidence by a court does not automatically prove a criminal offence.
3. Difference between giving, fabricating and using false evidence
| Conduct | Earlier IPC | Current BNS |
|---|---|---|
| Giving false evidence when legally bound to state the truth | Section 191 | Section 227 |
| Creating misleading circumstances, entries or documents intended for use as evidence | Section 192 | Section 228 |
| General punishment for giving or fabricating false evidence | Section 193 | Section 229 |
| Corruptly using or attempting to use evidence known to be false or fabricated | Section 196 | Section 233 |
A person need not have personally fabricated the evidence to be liable for knowingly and corruptly using it. Conversely, an inadvertent reliance on a document later shown to be false does not, by itself, establish knowledge or corrupt use.
4. Punishment for using false evidence
BNS Section 233 directs that the offender is punished in the same manner as if the offender gave or fabricated false evidence. For the ordinary categories under BNS Section 229:
| Nature of false evidence | Provision | Maximum punishment |
|---|---|---|
| In any stage of a judicial proceeding, or fabricated for use in such a stage | BNS 229(1), read with 233 | Imprisonment of either description up to 7 years and fine up to Rs. 10,000 |
| In other cases | BNS 229(2), read with 233 | Imprisonment of either description up to 3 years and fine up to Rs. 5,000 |
These are the general categories, not a guarantee that Section 229 is the only applicable provision. The BNS separately addresses aggravated false-evidence offences, including Sections 230 and 231. The precise charge, intended consequence and facts determine the applicable punishment. For pre-1 July 2024 conduct, the IPC and applicable transitional rules may remain relevant.
5. Practical illustrations
Knowingly submitting a fabricated receipt
A party learns that a payment receipt has been forged but nevertheless tenders it as genuine proof of payment in a judicial proceeding. If corrupt use and knowledge are proved, Section 233 may apply.
Attempting to rely on altered digital records
A person attempts to introduce a manipulated electronic log as an authentic business record, knowing it has been fabricated. An unsuccessful attempt can still fall within the wording of Section 233.
Unknowing reliance on a false document
A person relies on a document believing it to be genuine and discovers the falsification only later. Without proof of the required knowledge and corrupt use at the relevant time, Section 233 is not established merely by the document being false.
These are explanatory examples, not statutory illustrations or findings in decided cases.
6. Electronic evidence and proof
Documents, electronic records, digital communications and other materials can raise issues of authenticity, manipulation and provenance. Courts consider the applicable rules under the Bharatiya Sakshya Adhiniyam, 2023 for the admissibility and proof of electronic records. Keep original files, available metadata, audit trails and relevant communications intact. A dispute about admissibility is not automatically proof that evidence was knowingly fabricated or corruptly used.
7. Court-complaint procedure and safeguards
Where the alleged offence is committed in, or in relation to, proceedings in a court, BNSS Section 215(1)(b) may restrict cognizance except on a written complaint by the court concerned or another court authorised by law, depending on the statutory conditions. BNSS Section 379 addresses the procedure for a court complaint in applicable cases. These provisions must be applied to the precise facts and charge; they do not justify a blanket statement that every false-evidence allegation requires the same route.
A party alleging use of false evidence should identify the specific material, how it was used or attempted to be used, why it is false or fabricated, and the evidence showing the accused knew this. Legal advice should be obtained on the appropriate procedural application or complaint.
8. Frequently asked questions
Which BNS section replaces IPC Section 196?
Section 233 of the Bharatiya Nyaya Sanhita, 2023 addresses corruptly using or attempting to use evidence known to be false or fabricated.
What is the punishment for using false evidence?
BNS Section 233 provides punishment in the same manner as if the offender gave or fabricated false evidence. The applicable punishment depends on the circumstances, including BNS Section 229 and any relevant aggravated provisions.
Is an unsuccessful attempt to use fabricated evidence punishable?
Yes. BNS Section 233 expressly includes an attempt to use false or fabricated evidence as true or genuine.
Does every incorrect document amount to this offence?
No. The prosecution must establish corrupt use or attempted use as true or genuine evidence and knowledge that the evidence was false or fabricated.
Can electronic evidence be involved?
Yes. False or fabricated electronic records can be relevant evidence; their authenticity and admissibility must be assessed under the applicable evidence law.
9. Official legal sources
- India Code - Bharatiya Nyaya Sanhita, 2023 (Sections 227-233)
- India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 (Sections 215 and 379)
- India Code - Bharatiya Sakshya Adhiniyam, 2023
- Ministry of Home Affairs - criminal-law legislation and notifications
Legal note: This is general legal information, not advice for a particular case. Confirm the latest amendments, relevant commencement and transitional provisions, and court decisions before relying on the article.