Section 230 – Bharatiya Nyaya Sanhita (BNS) – Giving Or Fabricating False Evidence With Intent To Procure Conviction Of Capital Offence.

Code: Section 230 BNS

(1) Whoever gives or fabricates false evidence, intending thereby to cause, or
knowing it to be likely that he will thereby cause, any person to be convicted of an
offence which is capital by the law for the time being in force in India shall be punished
with imprisonment for life, or with rigorous imprisonment for a term which may extend to
ten years, and shall also be liable to fine which may extend to fifty thousand rupees.
(2) If an innocent person be convicted and executed in consequence of false evidence
referred to in sub-section (1), the person who gives such false evidence shall be punished
either with death or the punishment specified in sub-section (1).

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Explanation of Section 230 BNS

Section 230 of the Bharatiya Nyaya Sanhita (BNS) deals with the serious offense of providing or fabricating false evidence with the intent of causing someone’s conviction for a capital offense (one punishable by the death penalty).

Key Provisions:

1. False Evidence Leading to a Capital Conviction:
   • If someone gives or fabricates false evidence with the intent or knowledge that it may cause another person to be convicted of a capital offense, they can face:
     • Life imprisonment, or
     • Rigorous imprisonment up to 10 years, along with a fine of up to ₹50,000.
2. Execution of an Innocent Person Due to False Evidence:
   • If an innocent person is wrongfully executed due to false evidence, the person responsible for giving such false evidence can face:
     • The death penalty, or
     • Life imprisonment or rigorous imprisonment up to 10 years along with a fine.
3. Objective of the Law:
   • To ensure that false witnesses and fabricators do not manipulate the justice system.
   • To prevent wrongful convictions and safeguard innocent lives.
4. Related Provisions:
   • Section 229 BNS – Punishment for false evidence.
   • Section 231 BNS – Use of false evidence.

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Illustration

Example 1: False Testimony in a Murder Case

A person falsely testifies in a murder trial, leading to the wrongful conviction of an accused individual for a capital offense. Upon discovery, the false witness is prosecuted under Section 230 BNS and faces life imprisonment or up to 10 years of rigorous imprisonment with a fine of ₹50,000.

Example 2: Wrongful Execution Due to False Evidence

A witness intentionally provides false evidence in a terrorism case, leading to the wrongful execution of an innocent person. Later, when the truth is revealed, the false witness is tried under Section 230(2) BNS and sentenced to death or life imprisonment.

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Common Questions and Answers on Section 230 BNS

1. What is the punishment for fabricating false evidence leading to a capital conviction?

• The offender can be sentenced to life imprisonment or up to 10 years of rigorous imprisonment, along with a fine of ₹50,000.

2. What happens if an innocent person is executed due to false evidence?

• The person responsible for providing false evidence can be sentenced to death or life imprisonment as per Section 230(2) BNS.

3. How is intent determined under Section 230 BNS?

• The prosecution must prove that the false evidence was given knowingly or with the intent of securing a conviction for a capital offense.

4. Can a person retract false evidence to avoid punishment?

• Simply retracting false evidence does not necessarily absolve the person of liability, especially if it has already led to a wrongful conviction.

5. What are some examples of capital offenses under Indian law?

• Crimes like murder, terrorism, espionage, rape of a minor, and drug trafficking can be punishable by the death penalty.

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Conclusion

Section 230 BNS is one of the strictest provisions in Indian law, ensuring that false witnesses and fabricators are held accountable for wrongful convictions. This law serves as a deterrent to perjury in capital cases and protects innocent individuals from being unjustly punished.

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