BNS Section 228: Fabricating false evidence
Bharatiya Nyaya Sanhita, 2023 · Chapter 14: Of False Evidence and Offences Against Public Justice
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228. Whoever causes any circumstance to exist or makes any false entry in any book or record, or electronic record or makes any document or electronic record containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding is said “to fabricate false evidence”. Illustrations.
(a) A puts jewels into a box belonging to Z, with the intention that they may be found in that box, and that this circumstance may cause Z to be convicted of theft. A has fabricated false evidence.
(b) A makes a false entry in his shop-book for the purpose of using it as corroborative evidence in a Court. A has fabricated false evidence.
(c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in imitation of Z’s handwriting, purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter in a place which he knows that the officers of the police are likely to search. A has fabricated 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
- 227. Giving 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