Section 231 BNS: Giving or Fabricating False Evidence to Procure Conviction

Section 231 of the Bharatiya Nyaya Sanhita, 2023 applies where a person gives or fabricates false evidence with the intention of causing, or with knowledge of the likelihood of causing, another person to be convicted of a serious non-capital offence punishable with imprisonment for life or imprisonment for seven years or more.

Updated: 14 September 2026

At a glance: Section 231 creates an aggravated form of the offence relating to false evidence. The punishment is linked to the punishment that would apply to the offence for which the innocent person was intended to be convicted.

Text of Section 231 of the Bharatiya Nyaya Sanhita, 2023

231. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment.

Whoever gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which by the law for the time being in force in India is not capital, but punishable with imprisonment for life, or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished.

Illustration. A gives false evidence before a Court, intending thereby to cause Z to be convicted of a dacoity. The punishment of dacoity is imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, with or without fine. A, therefore, is liable to imprisonment for life or imprisonment, with or without fine.

Official text: Bharatiya Nyaya Sanhita, 2023 on India Code.

Meaning and essential ingredients of Section 231 BNS

Section 231 is attracted only when the false evidence is connected with an intended conviction for a sufficiently serious offence. The prosecution must establish the relevant act of giving or fabricating false evidence together with the required intention or knowledge.

The accused must give false evidence or fabricate false evidence.
The act must be done with the intention of causing another person to be convicted, or with knowledge that such a conviction is likely to be caused.
The target offence must not be a capital offence.
The target offence must be punishable with imprisonment for life or imprisonment for seven years or more.
The enhanced punishment under Section 231 follows the punishment for the serious offence for which the person was intended to be convicted.

What is "giving false evidence"?

The expression is defined in Section 227 of the BNS. In substance, it covers a person who is legally bound by oath, by an express provision of law, or by a legal declaration to state the truth, but makes a statement which is false and which the person knows or believes to be false, or does not believe to be true.

Read the official BNS text for the complete definition and illustrations: India Code - Bharatiya Nyaya Sanhita, 2023.

What is "fabricating false evidence"?

Section 228 BNS defines fabrication of false evidence. Broadly, it includes creating a circumstance, false entry, document or electronic record containing a false statement with the intention that it should appear in evidence in a legally recognized proceeding and cause the decision-maker to form an erroneous opinion on a material point.

Punishment under Section 231 BNS

Section 231 does not prescribe a single fixed term. Instead, the offender is liable to be punished in the same manner as a person convicted of the serious offence that the false evidence was intended to procure.

Important distinction: Section 230 BNS separately deals with false evidence intended to procure conviction for a capital offence. Section 231 deals with serious offences that are not capital offences but are punishable with imprisonment for life or imprisonment for seven years or more.

Bail, cognizability and trial court

Nature of offence	Non-cognizable
Bail	Non-bailable
Court competent to try	Court of Session
Punishment	The same punishment for which a person convicted of the intended target offence would be liable

These classifications appear in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. See the official BNSS text on India Code.

Special rule for prosecution where false evidence relates to a court proceeding

Section 215 of the Bharatiya Nagarik Suraksha Sanhita, 2023 places a procedural restriction on cognizance of specified offences against public justice, including BNS Sections 229 to 233, when the alleged offence is committed in or in relation to a proceeding in any Court. In such a case, cognizance generally requires a written complaint of that Court, an officer authorized by that Court, or a Court to which that Court is subordinate.

Official source: BNSS, 2023 - India Code.

Section 231 BNS and the earlier IPC provision

The corresponding subject under the Indian Penal Code, 1860 was dealt with by Section 195 IPC, which also concerned giving or fabricating false evidence with intent to procure conviction for an offence punishable with imprisonment for life or a serious term of imprisonment. The BNS has replaced the IPC for offences governed by the new criminal law framework, subject to applicable repeal and saving provisions.

When did the BNS come into force?

The Bharatiya Nyaya Sanhita, 2023 is Central Act 45 of 2023. The Central Government appointed 1 July 2024 as the commencement date for the BNS, except for Section 106(2), by notification dated 23 February 2024.

Related BNS provisions

Official legal sources

Legal information: This page is a general explanation of the statutory provision. Application of Section 231 depends on the facts, the nature of the alleged false evidence, the target offence and the applicable procedural requirements.