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BNS, 2023
Start Practicing
BNSChapter XIVSection 228
Section228

Fabricating false evidence

AI Assist

Summary

Creating or causing a false circumstance, making a false entry in any book or electronic record, or producing a false document or electronic statement so it can be used as evidence in a judicial proceeding, before a public servant, or an arbitrator, with the intention of misleading the person deciding the case, is fabricating false evidence. It covers planting items, forging entries or making fake records. The maker is criminally liable.

Example

Priya, a shopkeeper, makes a false entry in her shop book showing a sale to Rohan she never made, intending to use the book as corroborative evidence in a court case against Rohan. Under this section Priya has fabricated false evidence and may be criminally prosecuted.

Bare Act

Enacted text

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.

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XIV

Chapter XIV

Of False Evidence And Offences Against Public Justice

In this chapter

  • 227Giving false evidence
  • 228Fabricating false evidence
  • 229Punishment for false evidence
  • 230Giving or fabricating false evidence with intent to procure conviction of capital offence
  • 231Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
  • 232Threatening any person to give false evidence
  • 233Using evidence known to be false
  • 234Issuing or signing false certificate
  • 235Using as true a certificate known to be false
  • 236False statement made in declaration which is by law receivable as evidence
  • 237Using as true such declaration knowing it to be false
  • 238Causing disappearance of evidence of offence, or giving false information to screen offender
  • 239Intentional omission to give information of offence by person bound to inform
  • 240Giving false information respecting an offence committed
  • 241Destruction of document or electronic record to prevent its production as evidence
  • 242False personation for purpose of act or proceeding in suit or prosecution
  • 243Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution
  • 244Fraudulent claim to property to prevent its seizure as forfeited or in execution
  • 245Fraudulently suffering decree for sum not due
  • 246Dishonestly making false claim in Court
  • 247Fraudulently obtaining decree for sum not due
  • 248False charge of offence made with intent to injure
  • 249Harbouring offender
  • 250Taking gift, etc., to screen an offender from punishment
  • 251Offering gift or restoration of property in consideration of screening offender
  • 252Taking gift to help to recover stolen property, etc
  • 253Harbouring offender who has escaped from custody or whose apprehension has been ordered
  • 254Penalty for harbouring robbers or dacoits
  • 255Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture
  • 256Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture
  • 257Public servant in judicial proceeding corruptly making report, etc., contrary to law
  • 258Commitment for trial or confinement by person having authority who knows that he is acting contrary to law
  • 259Intentional omission to apprehend on the part of public servant bound to apprehend
  • 260Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed
  • 261Escape from confinement or custody negligently suffered by public servant
  • 262Resistance or obstruction by a person to his lawful apprehension
  • 263Resistance or obstruction to lawful apprehension of another person
  • 264Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for
  • 265Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for
  • 266Violation of condition of remission of punishment
  • 267Intentional insult or interruption to public servant sitting in judicial proceeding
  • 268Personation of an assessor
  • 269Failure by person released on bail or bond to appear in court
Previous · Section 227Giving false evidenceNext · Section 229Punishment for false evidence