Bharatiya Nyaya Sanhita, 2023
Section 230
Giving or fabricating false evidence with intent to procure conviction of capital offence
(1) Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital by the law for the time being in force in India shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine which may extend to fifty thousand rupees.
(2) If an innocent person be convicted and executed in consequence of false evidence referred to in sub-section (1), the person who gives such false evidence shall be punished either with death or the punishment specified in sub-section (1).
Why this exists
Courts can only be fair if witnesses tell the truth and evidence is genuine. This provision (earlier Section 194 of the Indian Penal Code, 1860, now replaced by this section of the Bharatiya Nyaya Sanhita, 2023) targets the gravest form of perjury and evidence fabrication - the kind that could send an innocent person to the gallows. The harsh punishment, including a possible death sentence, reflects how seriously the law treats an attempt to misuse the justice system to kill someone through a false case.
Common misconceptions
- Myth: You can only be punished if your false evidence actually works and someone is convicted.
Fact: The offence is complete once you give or fabricate the false evidence with the intent to cause a capital conviction; the harsher death-eligible punishment applies only if an innocent person is actually convicted and executed.