BNS Section 227: Giving false evidence
Bharatiya Nyaya Sanhita, 2023 · Chapter 14: Of False Evidence and Offences Against Public Justice
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227. Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.
Explanation 1.—A statement is within the meaning of this section, whether it is made verbally or otherwise.
Explanation 2.—A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.
Illustrations.
(a) A, in support of a just claim which B has against Z for one thousand rupees, falsely swears on a trial that he heard Z admit the justice of B’s claim. A has given false evidence.
(b) A, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that which he knows to be false, and therefore gives false evidence.
(c) A, knowing the general character of Z’s handwriting, states that he believes a certain signature to be the handwriting of Z; A in good faith believing it to be so. Here A’s statement is merely as to his belief, and is true as to his belief, and therefore, although the signature may not be the handwriting of Z, A has not given false evidence.
(d) A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not knowing anything upon the subject. A gives false evidence whether Z was at that place on the day named or not.
(e) A, an interpreter or translator, gives or certifies as a true interpretation or translation of a statement or document which he is bound by oath to interpret or translate truly, that which is not and which he does not believe to be a true interpretation or translation. A has given false evidence.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 228. Fabricating false evidence
- 229. Punishment for false evidence
- 230. Giving or fabricating false evidence with intent to procure conviction of capital offence
- 231. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
- 232. Threatening any person to give false evidence
- 233. Using evidence known to be false
- 234. Issuing or signing a false certificate
- 235. Using as true a certificate known to be false
- 236. False statement made in a declaration which is by law receivable as evidence
- 237. Using as true such a declaration knowing it to be false
- 238. Causing disappearance of evidence of an offence, or giving false information to screen an offender
- 239. Intentional omission to give information of an offence by a person bound to inform
- 240. Giving false information respecting an offence committed
- 241. Destruction of a document or electronic record to prevent its production as evidence
- 242. False personation for the purpose of an act or proceeding in a suit or prosecution
- 243. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution
- 244. Fraudulent claim to property to prevent its seizure as forfeited or in execution
- 245. Fraudulently suffering a decree for a sum not due
- 246. Dishonestly making a false claim in Court
- 247. Fraudulently obtaining a decree for a sum not due
- 248. False charge of an offence made with intent to injure
- 249. Harbouring an offender
- 250. Taking a gift, etc., to screen an offender from punishment
- 251. Offering a gift or restoration of property in consideration of screening an offender
- 252. Taking a gift to help to recover stolen property, etc
- 253. Harbouring an offender who has escaped from custody or whose apprehension has been ordered
- 254. Penalty for harbouring robbers or dacoits
- 255. Public servant disobeying direction of law with intent to save a person from punishment or property from forfeiture
- 256. Public servant framing an incorrect record or writing with intent to save a person from punishment or property from forfeiture
- 257. Public servant in judicial proceeding corruptly making a report, etc., contrary to law
- 258. Commitment for trial or confinement by a person having authority who knows that he is acting contrary to law
- 259. Intentional omission to apprehend on the part of a public servant bound to apprehend
- 260. Intentional omission to apprehend on the part of a public servant bound to apprehend a person under sentence or lawfully committed
- 261. Escape from confinement or custody negligently suffered by a public servant
- 262. Resistance or obstruction by a person to his lawful apprehension
- 263. Resistance or obstruction to lawful apprehension of another person
- 264. Omission to apprehend, or sufferance of escape, on the part of a public servant, in cases not otherwise provided for
- 265. Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for
- 266. Violation of the condition of remission of punishment
- 267. Intentional insult or interruption to a public servant sitting in a judicial proceeding
- 268. Personation of an assessor
- 269. Failure by a person released on a bail bond or bond to appear in Court