Section 200 IPC - Using as True a Declaration Known to Be False

Section 200 of the Indian Penal Code, 1860 dealt with corruptly using, or attempting to use, as true a declaration of the kind described in Section 199 IPC while knowing that it was false in a material point.

Applicable legal period: This article explains Section 200 IPC as applicable before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. Earlier offences and proceedings remain subject to the applicable repeal, saving and transitional provisions.

Section 200 IPC - Statutory Provision

Using as true such declaration knowing it to be false.

Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.

Explanation. - A declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of sections 199 and 200.

Essential Ingredients of Section 200 IPC

Declaration covered by Section 199: the words "any such declaration" refer to a declaration of the kind contemplated by Section 199 IPC.
Use or attempted use: the section expressly covers both actual use and an attempt to use.
Use as true: the declaration must be used or attempted to be used as a true declaration.
Corrupt conduct: the use or attempted use must be corrupt.
Knowledge: the person must know that the declaration is false in a material point.
Punishment: the offender is punished in the same manner as if he gave false evidence.

Meaning of "Any Such Declaration"

Section 200 must be read with Section 199 IPC. Section 199 concerned a declaration made or subscribed by a person which a Court of Justice, public servant or other person is bound or authorised by law to receive as evidence of a fact, where the declaration contains a materially false statement accompanied by the mental element specified in that section.

Knowledge of Material Falsity

The statutory wording requires knowledge that the declaration is false in a material point. The existence of an inaccurate statement alone does not establish the mental element required by Section 200. The person using or attempting to use the declaration must know of the material falsity.

Attempt to Use the Declaration

Section 200 expressly extends to a person who attempts to use the qualifying declaration as true. The wording therefore does not require proof that the intended use was successfully completed in every case. Whether particular conduct amounts to an attempt depends on the facts and applicable principles of criminal law.

Explanation - Informality Does Not Exclude the Declaration

Statutory Explanation: A declaration that is inadmissible merely because of some informality remains a declaration within the meaning of Sections 199 and 200 IPC. Thus, a mere informality affecting admissibility does not by itself take the declaration outside these two provisions.

Punishment Under Section 200 IPC

Conduct	Statutory consequence
Corruptly using or attempting to use as true the qualifying declaration while knowing it to be false in a material point	Punished in the same manner as if the offender gave false evidence

The punishment is linked to the law governing false evidence rather than expressed as a separate fixed term in Section 200. Section 193 IPC contained the general punishment framework for false evidence, according to the circumstances addressed by that provision.

Section 199 and Section 200 IPC - Difference

Provision	Principal conduct addressed
Section 199 IPC	Making or subscribing the qualifying declaration containing a materially false statement with the mental element specified in Section 199.
Section 200 IPC	Corruptly using or attempting to use such a declaration as true while knowing it to be false in a material point.

Sections 197-200 IPC - Certificates and Declarations

Section 197 IPC dealt with issuing or signing specified false certificates, while Section 198 IPC dealt with corruptly using or attempting to use such certificates as true. Sections 199 and 200 form a comparable pair concerning declarations legally receivable as evidence: Section 199 addresses the false statement in the declaration, while Section 200 addresses its corrupt use or attempted use as true.

Procedural Context Before BNSS

Section 200 IPC formed part of Chapter XI of the IPC concerning false evidence and offences against public justice. Under the Code of Criminal Procedure, 1973, special restrictions on cognizance applied to specified offences against public justice in the circumstances defined by Section 195 CrPC. The applicable procedural route depends on the offence alleged and the factual and procedural setting in which the declaration is said to have been made or used.

Pre-BNS Legal Position

This page describes Section 200 IPC and the associated pre-BNSS criminal procedure framework before commencement of the Bharatiya Nyaya Sanhita, 2023. Where conduct or proceedings span the transition to the new criminal laws, the applicable repeal, saving and transitional provisions should be considered separately.

Legal information: This article provides general statutory information and does not substitute for legal advice concerning a particular declaration, evidentiary issue or criminal proceeding.