Bharatiya Nyaya Sanhita, 2023
Section 233 BNS: Using Evidence Known to Be False
Section 233 of the Bharatiya Nyaya Sanhita, 2023 punishes a person who corruptly uses, or attempts to use, as true or genuine any evidence which that person knows to be false or fabricated.
Section 233 BNS: Statutory Text
Section 233. Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.
The provision is directed at the knowing use of false or fabricated evidence. It applies not only where false evidence is actually used, but also where a person corruptly attempts to use such evidence as true or genuine.
The essential focus is therefore not merely on whether evidence is false, but on whether the accused knew that it was false or fabricated and nevertheless corruptly used or attempted to use it as genuine evidence.
Essential Ingredients of Section 233 BNS
For Section 233 to apply, the following statutory elements are material:
- There must be evidence which is false or fabricated.
- The accused must know that the evidence is false or fabricated.
- The accused must use or attempt to use that evidence as true or genuine.
- The use or attempted use must be corrupt.
Punishment Under Section 233 BNS
Section 233 does not prescribe a separate fixed punishment. Instead, the person is punished in the same manner as if that person had given or fabricated the false evidence.
As a result, the punishment must be determined by identifying the corresponding offence of giving or fabricating the particular false evidence. Where the false evidence is connected with a judicial proceeding, the relevant punishment framework is ordinarily found in the BNS provisions dealing with false evidence in judicial proceedings.
Section 233 BNS: Cognizable, Bailable and Triable By
The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies Section 233 in the context of using in a judicial proceeding evidence known to be false or fabricated.
| Particular | Section 233 BNS |
|---|---|
| Punishment | The same as for giving or fabricating false evidence |
| Cognizable / Non-cognizable | Non-cognizable |
| Bailable / Non-bailable | According as the offence of giving such evidence is bailable or non-bailable |
| Triable by | Court by which the offence of giving or fabricating false evidence is triable |
Because the bail classification follows the corresponding false-evidence offence, Section 233 should not be described simply as always bailable or always non-bailable. The applicable classification depends on the nature of the false evidence and the corresponding offence to which the statutory punishment is linked.
Connection with Section 229 BNS
Section 229 BNS deals with punishment for false evidence. Section 233 adopts that punishment structure by providing that a person who corruptly uses or attempts to use evidence known to be false or fabricated is punished as if that person had given or fabricated the false evidence.
This cross-reference is important because the seriousness of the punishment and the related bail and trial classification can depend on the type and context of the false evidence.
When Did the Bharatiya Nyaya Sanhita Come Into Force?
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. The Central Government appointed 1 July 2024 as the date on which its provisions came into force, subject to the notified exception relating to Section 106(2). Section 233 therefore forms part of the operative BNS framework from 1 July 2024.
Official Legal Resources
Frequently Asked Questions
What is Section 233 of the BNS?
It punishes a person who corruptly uses or attempts to use as true or genuine evidence which that person knows to be false or fabricated.
What is the punishment under Section 233 BNS?
The punishment is the same as if the accused had given or fabricated the false evidence. The applicable punishment therefore depends on the corresponding false-evidence offence.
Is Section 233 BNS cognizable?
No. The BNSS First Schedule classifies it as non-cognizable.
Is Section 233 BNS bailable?
Its bail status follows the corresponding offence of giving the evidence. It is therefore bailable or non-bailable according to the classification of that corresponding false-evidence offence.
Which court tries an offence under Section 233 BNS?
It is triable by the court by which the corresponding offence of giving or fabricating false evidence is triable.
This page is intended as a statutory information resource. Case-specific legal consequences may depend on the facts, evidence, procedural stage and other applicable provisions.