Section 228 – Bharatiya Nyaya Sanhita (BNS) – Fabricating False Evidence.

Code: Section 228 BNS

Whoever causes any circumstance to exist or makes any false entry in any
book or record, or electronic record or makes any document or electronic record containing
a false statement, intending that such circumstance, false entry or false statement may
appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public
servant as such, or before an arbitrator, and that such circumstance, false entry or false
statement, so appearing in evidence, may cause any person who in such proceeding is to
form an opinion upon the evidence, to entertain an erroneous opinion touching any point
material to the result of such proceeding is said “to fabricate false evidence”.
Illustrations.
(a) A puts jewels into a box belonging to Z, with the intention that they may be
found in that box, and that this circumstance may cause Z to be convicted of theft. A has
fabricated false evidence.
(b) A makes a false entry in his shop-book for the purpose of using it as corroborative
evidence in a Court. A has fabricated false evidence.
(c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes
a letter in imitation of Z’s handwriting, purporting to be addressed to an accomplice in
such criminal conspiracy, and puts the letter in a place which he knows that the officers of
the police are likely to search. A has fabricated false evidence.

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Explanation of Section 228 BNS

Section 228 of the Bharatiya Nyaya Sanhita (BNS) deals with the offense of fabricating false evidence with the intent to mislead judicial proceedings. This section aims to maintain the integrity of the legal process by punishing those who create false documents, records, or any other evidence that can mislead the court.

Key Provisions:

1. What Constitutes Fabricating False Evidence?
   • Creating false documents or altering records with misleading information.
   • Making false entries in books, registers, or electronic records.
   • Causing circumstances to exist that can be misinterpreted as true in a legal proceeding.
2. Intention to Mislead the Court
   • The key element in this offense is intention—the act must be done to mislead a judicial proceeding.
   • If the false evidence leads to a wrongful conviction or acquittal, the punishment may be more severe.
3. Connection with Judicial Proceedings
   • The fabricated evidence must be linked to an ongoing or potential judicial case.
4. Punishment
   • The severity of the punishment depends on the extent of deception and its impact on judicial proceedings.

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Illustration

Example 1: False Business Records in a Fraud Case

A company owner, accused of tax evasion, alters financial statements to show lower income. The false documents are submitted in court as evidence. Since the owner knowingly fabricated evidence to mislead the court, they can be prosecuted under Section 228 BNS.

Example 2: Fake Witness Statement

A person, involved in a criminal case, submits a forged affidavit claiming to be a witness of an event that never occurred. This fabrication influences the trial and misguides justice, making the offender liable under Section 228 BNS.

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Common Questions and Answers on Section 228 BNS

1. What is the punishment for fabricating false evidence?

• The punishment varies based on the case but typically includes imprisonment and/or fines, depending on the severity of the offense.

2. Is fabricating false evidence different from perjury?

• Yes, fabricating false evidence involves creating misleading documents, circumstances, or records, while perjury refers specifically to making false statements under oath.

3. Does this section apply only to written documents?

• No. It applies to any form of false evidence, including electronic records, audio, video, or manipulated circumstances meant to deceive the court.

4. Can someone be charged under Section 228 BNS for unintentionally providing incorrect evidence?

• No. Intent is a crucial factor. If someone unknowingly provides incorrect evidence, they may not be prosecuted under this section.

5. Can a lawyer be charged under this section for presenting misleading evidence?

• If a lawyer knowingly presents fabricated evidence in court, they may face consequences under Section 228 BNS, along with professional misconduct charges.

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Conclusion

Section 228 BNS is essential in maintaining judicial integrity by preventing individuals from fabricating false evidence to manipulate legal proceedings. The section ensures that those who attempt to mislead the court face legal consequences.

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