False statement made in declaration which is by law receivable as evidence
What this section does
This section criminalises making a false statement in a declaration that a court, public servant, or other authorised person is bound or authorised by law to receive as evidence of a fact. The accused must know or believe the statement to be false, or not believe it to be true, and the false statement must touch a material point. Punishment is the same as for giving false evidence.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Same as the punishment for giving false evidence (as applicable under the relevant section).
- Triable by
- Court determined by the applicable false-evidence punishment provision
- Cognizable
- Depends
- Bailable
- Depends
- Compoundable
- No
Ingredients (what prosecution must prove)
- The accused made or subscribed a declaration
- A court, public servant, or other authorised person was bound or authorised by law to receive that declaration as evidence of a fact
- The accused made a statement in that declaration which was false
- The accused knew or believed the statement to be false, or did not believe it to be true
- The false statement touched a point material to the object for which the declaration was made or used
Practitioner note
Extends the false-evidence regime to statutory declarations; the materiality of the false statement is an essential element.
Derived from IPC s.199.
Read the official text
For the binding statutory text of BNS Section 236, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 236 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.