Bharatiya Nyaya Sanhita, 2023
Section 236 BNS: False Statement Made in a Declaration Receivable as Evidence
Section 236 of the Bharatiya Nyaya Sanhita, 2023 deals with a materially false statement made in a declaration which a Court, public servant or other person is legally bound or authorised to receive as evidence of a fact.
Section 236 BNS: Statutory Text
Section 236. Whoever, in any declaration made or subscribed by him, which declaration any Court or any public servant or other person, is bound or authorised by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.
Section 236 is concerned with declarations that the law recognises as evidence of a fact. It does not merely punish an inaccurate statement in any private declaration. The declaration must be one which a Court, public servant or another legally authorised person is bound or authorised by law to receive as evidence.
Essential Ingredients of Section 236 BNS
The statutory elements can be summarised as follows:
- The accused must make or subscribe a declaration.
- A Court, public servant or other person must be bound or authorised by law to receive that declaration as evidence of a fact.
- The declaration must contain a false statement.
- The accused must know or believe the statement to be false, or must not believe it to be true.
- The false statement must concern a point material to the object for which the declaration is made or used.
What Is a Declaration "Receivable as Evidence"?
The statutory language requires that the declaration be one which a Court, public servant or other person is bound or authorised by law to receive as evidence of a fact. The legal source that permits or requires receipt of the declaration is therefore relevant when determining whether Section 236 applies.
This requirement distinguishes the offence from ordinary inaccurate statements in documents that have no legally recognised evidentiary status.
Materiality and the Required State of Mind
The false statement must touch a point material to the object for which the declaration is made or used. An irrelevant inaccuracy that does not affect the object of the declaration does not satisfy this element merely because it is factually wrong.
The provision also requires a particular mental state. The maker must know or believe the statement to be false, or must not believe it to be true. This wording makes the maker's state of mind an express ingredient of the offence.
Punishment Under Section 236 BNS
Section 236 does not prescribe a separate fixed sentence. It states that the offender shall be punished in the same manner as if the offender gave false evidence.
The applicable punishment therefore follows the corresponding false-evidence framework under the BNS. The context in which the declaration is used can be relevant when identifying the corresponding false-evidence punishment.
Section 236 BNS: Cognizable, Bailable and Triable By
The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies a false statement made in a declaration which is by law receivable as evidence as follows:
| Particular | Section 236 BNS |
|---|---|
| Punishment | The same as for giving false evidence |
| Cognizable / Non-cognizable | Non-cognizable |
| Bailable / Non-bailable | Bailable |
| Triable by | Court by which the offence of giving false evidence is triable |
Since the offence is non-cognizable, investigation is governed by the BNSS provisions applicable to non-cognizable offences. Since it is bailable, bail is governed by the statutory rules applicable to bailable offences.
Difference Between Sections 236 and 237 BNS
Section 236 concerns making a materially false statement in a declaration that is legally receivable as evidence. Section 237 separately deals with corruptly using or attempting to use such a declaration as true while knowing it to be false in a material point.
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 236 therefore forms part of the operative BNS framework from 1 July 2024.
Official Legal Resources
Frequently Asked Questions
What is Section 236 of the BNS?
It punishes a materially false statement made in a declaration which a Court, public servant or other legally authorised person is bound or authorised by law to receive as evidence of a fact, where the maker has the state of mind specified in the section.
What is the punishment under Section 236 BNS?
The punishment is the same as if the offender gave false evidence. The corresponding false-evidence provision determines the applicable punishment.
Is Section 236 BNS cognizable?
No. It is classified as non-cognizable.
Is Section 236 BNS bailable?
Yes. It is classified as bailable.
Which court tries an offence under Section 236 BNS?
It is triable by the court by which the corresponding offence of giving false evidence is triable.
Does every false statement in a declaration attract Section 236?
No. The declaration must be legally receivable as evidence, the false statement must concern a material point, and the maker must know or believe it to be false or not believe it to be true.
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.