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IPC Section 193 in BNS: Section 229

Punishment for false evidence

Section 193 of the Indian Penal Code, 1860 (Punishment for false evidence) corresponds to Section 229 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 229(1) is non-cognizable, bailable, triable by Magistrate of the first class; punishment: Imprisonment for 7 years and 10,000 rupees.

Bail, cognizability and punishment

SectionOffencePunishmentCognizableBailableTriable by
229(1)Intentionally giving or fabricating false evidence in a judicial proceeding.Imprisonment for 7 years and 10,000 rupees.Non-cognizableBailableMagistrate of the first class
229(2)Giving or fabricating false evidence in any other case.Imprisonment for 3 years and 5,000 rupees.Non-cognizableBailableAny Magistrate

Source: BNSS, 2023, First Schedule, Part I.

The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.

Text of BNS Section 229

229. (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.

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