Code: Section 237 BNS
Whoever corruptly uses or attempts to use as true any such declaration,
knowing the same to be false in any material point, shall be punished in the same manner
as if he gave false evidence.
Explanation.—A declaration which is inadmissible merely upon the ground of some
informality, is a declaration within the meaning of section 236 and this section.
Explanation of Section 237 BNS
Section 237 of the Bharatiya Nyaya Sanhita (BNS), 2023, criminalizes the act of knowingly using a false declaration as true. It ensures that individuals who attempt to deceive courts or legal authorities by presenting false statements face the same punishment as those giving false evidence.
This provision complements Section 236 BNS, which penalizes false declarations, by extending liability to those who knowingly use such declarations despite their falsity.
Key Elements of Section 237 BNS
- Fraudulent Use of a False Declaration – A person must knowingly use or attempt to use a false declaration.
- Knowledge of Falsity – The accused must be aware that the declaration is false in a material aspect.
- Punishment – The punishment is the same as that for giving false evidence under Section 235 BNS.
- Explanation Clause – Even if a declaration is inadmissible due to a technicality, it still falls under Section 236 BNS and Section 237 BNS.
Illustration
Example 1: False Financial Declaration
A businessman submits a financial affidavit in court, falsely declaring his assets to evade tax penalties. If he knowingly uses this false affidavit in legal proceedings, he can be charged under Section 237 BNS, receiving the same punishment as for giving false evidence.
Example 2: Fabricated Medical Records
A person submits a falsified medical certificate in a criminal trial to falsely claim disability and avoid sentencing. Since they are aware of its falsity, they can be prosecuted under Section 237 BNS.
Common Questions and Answers on Section 237 BNS
1. What is the punishment for using a false declaration under Section 237 BNS?
- The punishment is the same as for giving false evidence under Section 235 BNS.
2. Is intent necessary for prosecution under Section 237 BNS?
- Yes, the person must knowingly use a false declaration to be held liable.
3. How does Section 237 relate to Section 236 BNS?
- Section 236 BNS penalizes making a false declaration, while Section 237 BNS punishes those who use it fraudulently.
4. Can a person be punished if the declaration is technically inadmissible?
- Yes, as per the explanation in Section 237 BNS, a declaration is still considered valid under this provision even if it is inadmissible due to a minor formality.
Conclusion
Section 237 BNS ensures that individuals cannot escape liability by knowingly using false declarations in legal proceedings. It strengthens the legal framework against perjury and protects the integrity of judicial processes.
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