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False evidence and offences against public justice (BNS 227–269)

KanoonGPT

Part 9 of 12Bharatiya Nyaya Sanhita and the Indian Penal Code

BNS sections 227–269 are the general code on false evidence and offences against public justice—the IPC Chapter XI tradition (sections 191–229A and companions).

Giving and fabricating false evidence

Giving false evidence (perjury in substance) and fabricating false evidence remain definition-led offences: a false statement under oath or a false circumstance created to mislead a public servant into forming an erroneous opinion on evidence. Punishments scale with the gravity of the proceeding (life-term cases versus ordinary trials).

Using evidence known to be false, issuing false certificates, and false statements in declarations receivable as evidence are restated. Some sections expand who may receive a declaration (not only “Courts of Justice” phrasing) and name electronic records when dealing with destruction of evidence.

Screening offenders, harbouring and false charges

Causing disappearance of evidence, omission to inform of an offence, false information about an offence, harbouring offenders, taking gifts to screen offenders, and offering restoration of property to screen offenders form the “obstruction of justice” core. The BNS tends to use tiered maxima keyed to the underlying offence’s punishment band (including updates where thresholds move from seven to ten years in places).

False charge of offence with intent to injure carries a higher ordinary maximum in the BNS drafting relative to older IPC 211 practice points—exact terms belong to the bare act, but the direction of reform is higher deterrence for malicious complaints.

Resistance, escape and court contempt themes

Resistance to lawful apprehension, escape, and related custody offences continue. Contempt-of-court style insults to public justice appear in this neighbourhood of the code as renumbered.

Litigation use

Defence counsel use these sections when attacking investigation honesty (fabricated seizure memos, planted witnesses). Prosecutors use them against hostile witnesses who resile after sworn statements. Under the BNS, affidavits and electronic records are more explicitly in view; discovery motions should cite the new numbers when alleging destruction of phones, chats or CCTV.

Selected provisions

BNS section 227 (IPC 191)

Giving false evidence. In definition or elements.

BNS section 228 (IPC 192)

Fabricating false evidence. In definition or elements.

BNS section 231 (IPC 195)

Giving or fabricating false evidence with intent to procure conviction of offence …. In elements or punishment mechanism.

BNS section 233 (IPC 196)

Using evidence known to be false. In definition or punishment.

BNS section 234 (IPC 197)

Issuing or signing false certificate. In definition or punishment.

BNS section 235 (IPC 198)

Using as true a certificate known to be false. In punishment or elements.

Section-level changes

Material differences (definition, punishment, scope or new offence):

BNS IPC counterpart Subject Change
227 IPC 191 Giving false evidence In definition or elements.
228 IPC 192 Fabricating false evidence In definition or elements.
231 IPC 195 Giving or fabricating false evidence with intent to procure conviction of offenc… In elements or punishment mechanism.
233 IPC 196 Using evidence known to be false In definition or punishment.
234 IPC 197 Issuing or signing false certificate In definition or punishment.
235 IPC 198 Using as true a certificate known to be false In punishment or elements.
236 IPC 199 False statement made in declaration which is by law receivable as evidence Expanded scope to include declarations receivable by any public servant, not just Courts of Justice.
237 IPC 200 Using as true such declaration knowing it to be false Updated explanation reference to align with new section numbers 236 and 237.
238 IPC 201 Causing disappearance of evidence of offence, or giving false information to scr… Added specific punishment tiers for life imprisonment offenses; removed “capital offence” limitation.
239 IPC 202 Intentional omission to give information of offence by person bound to inform Introduced specific fine limit of five thousand rupees, absent in IPC 202.
240 IPC 203 Giving false information respecting an offence committed Expanded explanatory list of included offenses to cover broader serious crimes under new code.
241 IPC 204 Destruction of document or electronic record to prevent its production as eviden… Increased maximum imprisonment from two to three years and added electronic records explicitly.
242 IPC 205 False personation for purpose of act or proceeding in suit or prosecution In punishment or elements.
243 IPC 206 Fraudulent removal or concealment of property to prevent its seizure as forfeite… Increased punishment from two to three years; removed “of Justice” qualifier.
246 IPC 209 Dishonestly making false claim in Court Removed “of Justice” qualifier.
248 IPC 211 False charge of offence made with intent to injure Increased punishment from two to five years; raised threshold for enhanced penalty to ten years.
249 IPC 212 Harbouring offender Added mandatory fine; raised enhanced penalty threshold from seven to ten years.
250 IPC 213 Taking gift, etc., to screen an offender from punishment Added mandatory fine; raised enhanced penalty threshold from seven to ten years.
251 IPC 214 Offering gift or restoration of property in consideration of screening offender Consolidated IPC 214(a) and (b) into a single section with tiered punishment based on offence severity.
253 IPC 216 Harbouring offender who has escaped from custody or whose apprehension has been … Consolidated IPC 216(a) and (b) into single section with tiered punishment based on offence severity.

Citation map (renumbered only)

These provisions keep IPC substance under new numbers:

BNS 229 ← IPC 193, BNS 230 ← IPC 194, BNS 232 ← IPC 195A, BNS 244 ← IPC 207, BNS 245 ← IPC 208, BNS 247 ← IPC 210, BNS 252 ← IPC 215, BNS 254 ← IPC 216A, BNS 255 ← IPC 217, BNS 256 ← IPC 218, BNS 257 ← IPC 219, BNS 258 ← IPC 220, BNS 259 ← IPC 221, BNS 260 ← IPC 222, BNS 261 ← IPC 223, BNS 262 ← IPC 224, BNS 263 ← IPC 225, BNS 264 ← IPC 225A, BNS 265 ← IPC 225B, BNS 266 ← IPC 227 (+3 more renumbered provisions).

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