Code: Section 235 BNS
Whoever corruptly uses or attempts to use any such certificate as a true
certificate, knowing the same to be false in any material point, shall be punished in the
same manner as if he gave false evidence.
Explanation of Section 235 BNS
What Does Section 235 BNS Cover?
Section 235 of the Bharatiya Nyaya Sanhita (BNS) penalizes those who knowingly use a false certificate as genuine. This provision ensures the integrity of official documents and prevents fraud.
Key Provisions:
- Using or Attempting to Use a False Certificate:
- The law applies to any person who uses or attempts to use a certificate.
- The certificate must be false in a material aspect (e.g., fake age proof, medical certificate).
- Knowledge of Falsehood:
- The person must know that the certificate is false.
- If the person unknowingly uses a false certificate, they cannot be punished under this section.
- Punishment:
- The punishment is the same as giving false evidence under the law.
- Objective of This Law:
- To prevent misuse of official documents for fraudulent gains.
- To ensure truthfulness in legal and official transactions.
- Related Sections:
- Section 234 BNS – Issuing or signing a false certificate.
- Section 233 BNS – Using evidence known to be false.
Illustration
Example 1: Submitting a Fake Birth Certificate for a Government Job
A person submits a fake birth certificate showing a lower age to qualify for a government job. Since they know the certificate is false, they can be punished under Section 235 BNS.
Example 2: Using a Forged Medical Certificate for Insurance Claims
A person submits a forged medical certificate to claim insurance benefits. Since they are aware that the document is false, they are liable under Section 235 BNS.
Common Questions and Answers on Section 235 BNS
1. What is the punishment for using a false certificate under Section 235 BNS?
- The punishment is the same as giving false evidence, which may include imprisonment and fines.
2. Does Section 235 BNS apply only to government-related certificates?
- No, it applies to any certificate required by law, including:
- Birth and death certificates
- Educational certificates
- Property ownership documents
- Medical certificates
3. Can a person be punished for unknowingly using a false certificate?
- No, punishment applies only if the person knew the certificate was false.
4. How is Section 235 BNS different from Section 234 BNS?
- Section 234 BNS punishes those who issue or sign a false certificate.
- Section 235 BNS punishes those who use a false certificate knowing it to be false.
5. Can a person challenge the use of a false certificate in court?
- Yes, a person affected by a false certificate can file a complaint, and the user of the document can be prosecuted under Section 235 BNS.
Conclusion
Section 235 BNS ensures that official certificates are not misused for fraudulent purposes. It punishes those who knowingly use false certificates to protect the integrity of legal and administrative systems.
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