Code: Section 234 BNS
Whoever issues or signs any certificate required by law to be given or signed,
or relating to any fact of which such certificate is by law admissible in evidence, knowing
or believing that such certificate is false in any material point, shall be punished in the
same manner as if he gave false evidence.
Explanation of Section 234 BNS
What Does Section 234 BNS Cover?
Section 234 of the Bharatiya Nyaya Sanhita (BNS) punishes those who issue or sign false certificates required by law. The provision ensures that official documents and certificates maintain credibility in legal and administrative matters.
Key Provisions:
- Issuing or Signing a False Certificate:
- The law applies to anyone who issues or signs a certificate that is required by law.
- The certificate must be admissible in evidence for legal or official purposes.
- Knowledge or Belief of Falsehood:
- The person must know or believe that the certificate contains false information.
- If a person issues a false certificate unknowingly, they cannot be punished under this section.
- Punishment Equivalent to Giving False Evidence:
- The punishment is the same as if the person had given false evidence in court.
- Objective of This Law:
- To ensure honesty and reliability in official and legal documentation.
- To prevent fraudulent practices in certification processes.
- Related Sections:
- Section 233 BNS – Using false evidence.
- Section 232 BNS – Threatening a person to give false evidence.
Illustration
Example 1: A Doctor Issuing a Fake Medical Certificate
Dr. X knowingly issues a false medical certificate to a patient, stating that they are medically unfit for duty, even though they are healthy. Dr. X can be punished under Section 234 BNS for issuing a false certificate.
Example 2: A Government Officer Signing a False Age Certificate
A government officer signs a birth certificate falsely stating that a person is 18 years old to help them obtain a government job. Since the officer knows the certificate is false, they can be punished under Section 234 BNS.
Common Questions and Answers on Section 234 BNS
1. What is the punishment for issuing a false certificate under Section 234 BNS?
- The punishment is the same as giving false evidence, which may include imprisonment and fines.
2. Does Section 234 BNS apply only to government officials?
- No, it applies to any person who issues or signs a certificate required by law.
3. Can a person be punished for unknowingly signing a false certificate?
- No, the law applies only if the person knew or believed that the certificate was false.
4. What types of certificates fall under Section 234 BNS?
- Any certificate required by law and admissible in evidence, such as:
- Medical certificates
- Birth certificates
- Death certificates
- Educational certificates
- Property ownership documents
5. Can a person challenge false certification in court?
- Yes, a person affected by a false certificate can file a complaint, and the issuer can be prosecuted under Section 234 BNS.
Conclusion
Section 234 BNS ensures that official certifications remain truthful and reliable. It penalizes those who issue or sign false certificates to prevent fraud and misuse of legal documentation.
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