Code: Section 227 BNS
Whoever, being legally bound by an oath or by an express provision of law to
state the truth, or being bound by law to make a declaration upon any subject, makes any
statement which is false, and which he either knows or believes to be false or does not
believe to be true, is said to give false evidence.
Explanation 1.—A statement is within the meaning of this section, whether it is
made verbally or otherwise.
Explanation 2.—A false statement as to the belief of the person attesting is within
the meaning of this section, and a person may be guilty of giving false evidence by
stating that he believes a thing which he does not believe, as well as by stating that he
knows a thing which he does not know.
Illustrations.
(a) A, in support of a just claim which B has against Z for one thousand rupees,
falsely swears on a trial that he heard Z admit the justice of B’s claim. A has given false
evidence.
(b) A, being bound by an oath to state the truth, states that he believes a certain
signature to be the handwriting of Z, when he does not believe it to be the handwriting of
Z. Here A states that which he knows to be false, and therefore gives false evidence.
(c) A, knowing the general character of Z’s handwriting, states that he believes a
certain signature to be the handwriting of Z; A in good faith believing it to be so. Here A’s
statement is merely as to his belief, and is true as to his belief, and therefore, although the
signature may not be the handwriting of Z, A has not given false evidence.
(d) A, being bound by an oath to state the truth, states that he knows that Z was at
a particular place on a particular day, not knowing anything upon the subject. A gives
false evidence whether Z was at that place on the day named or not.
(e) A, an interpreter or translator, gives or certifies as a true interpretation or
translation of a statement or document which he is bound by oath to interpret or translate
truly, that which is not and which he does not believe to be a true interpretation or
translation. A has given false evidence.
Explanation of Section 227 BNS
Section 227 of the Bharatiya Nyaya Sanhita, 2023 penalizes the act of giving false evidence under oath or legal obligation. This section ensures the integrity of legal proceedings by criminalizing intentional falsehoods in courts and other judicial or official settings.
Key Elements of the Offense:
- Legal Obligation to Speak the Truth: The accused must be legally bound by an oath or a statutory provision to state the truth.
- Making a False Statement: The accused must have knowingly made a false statement or submitted false evidence.
- Knowledge of Falsity: The falsehood must be intentional—mere mistakes or unintentional errors do not fall under this section.
- Punishment:
- Imprisonment (up to seven years)
- Fine
Illustration
Example 1: False Testimony in Court
A witness in a murder trial falsely testifies that they saw the accused at the crime scene, despite knowing that the accused was elsewhere at the time. This act falls under Section 227 BNS and is punishable by imprisonment and a fine.
Example 2: Fabricating Documents in a Land Dispute
In a property case, a person submits a forged sale deed as evidence to prove land ownership. Since this is a deliberate act of providing false evidence, it constitutes an offense under Section 227 BNS.
Common Questions and Answers on Section 227 BNS
1. What is the punishment for giving false evidence under Section 227 BNS?
The punishment includes:
- Imprisonment of up to seven years
- Fine
2. Does false evidence given outside court fall under this section?
Yes. False evidence given in any legal, judicial, or official proceeding (such as before a police officer, revenue officer, or any tribunal) is covered under this section.
3. What if a person unknowingly provides incorrect information?
Section 227 BNS applies only if the person knowingly or intentionally makes a false statement. Genuine mistakes or lack of knowledge do not attract punishment.
4. How is Section 227 BNS different from forgery under Section 266 BNS?
While Section 266 BNS deals with creating or altering false documents, Section 227 BNS applies to false oral or written statements made under oath or legal obligation.
5. Can someone be prosecuted for false evidence after the trial ends?
Yes. Even after a case concludes, if it is later discovered that a person provided false evidence, they can still be prosecuted under Section 227 BNS.
Conclusion
Section 227 BNS plays a crucial role in maintaining the sanctity of legal proceedings by ensuring that witnesses, parties, and officials do not provide false evidence. This provision acts as a deterrent against perjury and helps uphold the rule of law.
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