Bharatiya Nyaya Sanhita 2023
Section 229 :
Punishment for false evidence :
(See section 193 of IPC 1860)
Section : 229 (1)
Classification of Offence:
Offence : Intentionally giving or fabricating false evidence in a judicial proceeding.
Punishment : Imprisonment for 7 years and 10000 rupees.
Cognizable or Non-cognizable : Non-cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.
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Section : 229 (2)
Classification of Offence:
Offence : Giving or fabricating false evidence in any other case.
Punishment : Imprisonment for 3 years and 5000 rupees.
Cognizable or Non-cognizable : Non-cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Any Magistrate.
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(1) Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine which may extend to ten thousand rupees.
(2) Whoever intentionally gives or fabricates false evidence in any case other than that referred to in sub-section (1), shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine which may extend to five thousand rupees.
Explanation 1 :
A trial before a Court-martial is a judicial proceeding.
Explanation 2 :
An investigation directed by law preliminary to a proceeding before a Court is a stage of a judicial proceeding, though that investigation may not take place before a Court.
Illustration :
A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence.
Explanation 3 :
An investigation directed by a Court according to law, and conducted under the authority of a Court is a stage of a judicial proceeding, though that investigation may not take place before a Court.
Illustration :
A, in an enquiry before an officer deputed by a Court to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence.
Indian Penal Code 1860 (IPC 1860)
Section 193 :
Punishment for false evidence:
(See section 229 of BNS 2023)
Classification of Offence:
Offence: Giving or fabricating false evidence in a judicial proceeding.
Punishment :Imprisonment for 7 years and fine.
Cognizable or Non-cognizable :Non-cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Magistrate of the First class
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Offence: Giving or fabricating false evidence in any other case.
Punishment :Imprisonment for 3 years and fine.
Cognizable or Non-cognizable :Non-cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Any Magistrate
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Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricated false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;
and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Explanation 1 :
A trial before a Court-martial 1.[***] is a judicial proceeding.
Explanation 2 :
An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.
Illustration :
A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A as given false evidence.
Explanation 3 :
An investigation directed by a Court of Justice according to law, and conducted under the authority of a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.
Illustration :
A, in an enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence.
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1. The words “or before a Military Court of Request” rep. by Act 13 of 1889, s. 2 and Sch.
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