Using evidence known to be false
What this section does
This section targets a person who corruptly uses or attempts to use evidence that they know to be false or fabricated, treating such conduct as equivalent to giving or fabricating false evidence. The punishment is therefore the same as that prescribed for giving or fabricating false evidence under the relevant preceding sections.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Same as the punishment for giving or fabricating false evidence (as applicable under the relevant section, depending on the nature of the proceeding and the offence involved).
- Triable by
- Court determined by the applicable false-evidence punishment provision
- Cognizable
- Depends
- Bailable
- Depends
- Compoundable
- No
Ingredients (what prosecution must prove)
- The accused used or attempted to use evidence as true or genuine
- The accused knew the evidence to be false or fabricated
- The use was corrupt in nature
Practitioner note
Punishment is derived by reference to the false-evidence sections; practitioners must identify the applicable base section to determine the exact punishment, cognizability, and forum.
Derived from IPC s.196.
Read the official text
For the binding statutory text of BNS Section 233, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 233 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.