Giving or fabricating false evidence with intent to procure conviction of capital offence
What this section does
Prescribes an aggravated punishment for giving or fabricating false evidence with the intent or knowledge that it will likely cause a person to be convicted of a capital offence. If an innocent person is actually convicted and executed as a consequence of such false evidence, the offender may be sentenced to death.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Sub-section (1): Imprisonment for life, or rigorous imprisonment up to 10 years, and fine up to ₹50,000. Sub-section (2): Death, or the punishment under sub-section (1), where an innocent person is convicted and executed as a result.
- Triable by
- Sessions Court
- Cognizable
- No
- Bailable
- No
- Compoundable
- No
Ingredients (what prosecution must prove)
- The accused gave or fabricated false evidence
- The accused intended thereby to cause, or knew it to be likely that they would thereby cause, any person to be convicted of a capital offence
- For sub-section (2): an innocent person was in fact convicted and executed in consequence of that false evidence
Practitioner note
Sub-section (2) is one of the rare provisions in BNS that expressly provides for the death penalty. The trigger for the death penalty is the actual execution of an innocent person as a consequence of the false evidence.
Derived from IPC s.194.
Read the official text
For the binding statutory text of BNS Section 230, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 230 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.