Bharatiya Nyaya Sanhita, 2023
Section 234 BNS: Issuing or Signing False Certificate
Section 234 of the Bharatiya Nyaya Sanhita, 2023 deals with knowingly or believingly issuing or signing a false certificate where the certificate is required by law, or relates to a fact for which that certificate is legally admissible in evidence.
Section 234 BNS: Statutory Text
Section 234. Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence.
The provision applies to certificates that have a legal evidentiary function. It covers both certificates which the law requires to be issued or signed and certificates concerning facts for which the certificate is legally admissible as evidence.
A mere mistake is not enough on the face of the statutory language. The person must issue or sign the certificate while knowing or believing that it is false in a material point.
Essential Ingredients of Section 234 BNS
The statutory requirements can be understood as follows:
- The accused must issue or sign a certificate.
- The certificate must either be required by law to be given or signed, or relate to a fact for which the certificate is legally admissible in evidence.
- The certificate must be false in a material point.
- The accused must know or believe that the certificate is false in that material point.
What Does "False in Any Material Point" Mean?
The expression "material point" indicates that the falsehood must concern a matter of significance to the certificate, rather than an irrelevant or inconsequential detail. Whether a particular false statement is material depends on the nature and legal purpose of the certificate and the fact that the certificate is intended to establish.
The prosecution must also establish the statutory mental element: knowledge or belief that the certificate is false in the material respect.
Punishment Under Section 234 BNS
Section 234 does not set out a separate fixed term of imprisonment. It provides that the offender is punished in the same manner as if the offender had given false evidence.
The relevant punishment therefore depends on the corresponding false-evidence provision applicable to the circumstances. Section 229 BNS contains the general punishment framework for false evidence, while more serious forms of false evidence may attract other provisions depending on the facts.
Section 234 BNS: Cognizable, Bailable and Triable By
Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, knowingly issuing or signing a false certificate relating to a fact for which the certificate is legally admissible in evidence is classified as follows:
| Particular | Section 234 BNS |
|---|---|
| Punishment | The same as for giving false evidence |
| Cognizable / Non-cognizable | Non-cognizable |
| Bailable / Non-bailable | Bailable |
| Triable by | Court by which the corresponding offence of giving false evidence is triable |
A non-cognizable classification means investigation is subject to the procedural requirements applicable to non-cognizable offences under the BNSS. Since the offence is bailable, bail is governed by the statutory framework applicable to bailable offences.
Connection with False Evidence Provisions
Section 234 expressly links punishment to the law governing false evidence. For this reason, the provision should be read with the BNS sections dealing with giving or fabricating false evidence and with the procedural provisions of the BNSS.
Section 235 separately addresses the corrupt use or attempted use of a certificate known to be false in a material point. Section 234, by contrast, concerns issuing or signing the false certificate itself.
When Did the Bharatiya Nyaya Sanhita Come Into Force?
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. It came into force on 1 July 2024, subject to the notified exception relating to Section 106(2). Section 234 therefore forms part of the operative BNS framework from 1 July 2024.
Official Legal Resources
Frequently Asked Questions
What is Section 234 of the BNS?
It punishes a person who issues or signs a legally required or legally admissible certificate while knowing or believing that it is false in a material point.
What is the punishment under Section 234 BNS?
The punishment is the same as if the person had given false evidence. The precise punishment therefore depends on the corresponding false-evidence provision.
Is Section 234 BNS cognizable?
No. It is classified as non-cognizable.
Is Section 234 BNS bailable?
Yes. It is classified as bailable.
Which court tries an offence under Section 234 BNS?
It is triable by the court competent to try the corresponding offence of giving false evidence.
Does every incorrect certificate attract Section 234?
Not merely because it contains an error. The statutory language requires the relevant legally required or evidentiary certificate to be false in a material point and requires knowledge or belief of that falsity.
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.