Bharatiya Nyaya Sanhita, 2023
Section 231
Giving or fabricating false evidence with intent to procure conviction of offence punishable
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 by the law for the time being in force in India is not capital, but punishable with imprisonment for life, or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished. Illustration. A gives false evidence before a Court, intending thereby to cause Z to be convicted of a dacoity. The punishment of dacoity is imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, with or without fine. A, therefore, is liable to imprisonment for life or imprisonment, with or without fine.
Why this exists
This is the next tier below Section 230, covering serious (but non-capital) offences. It was earlier Section 195 of the Indian Penal Code, 1860. The idea is deterrence through mirrored punishment: a person who tries to frame someone for a serious crime should face consequences as severe as the crime itself, because false evidence in serious cases can ruin innocent lives just as surely as the crime itself would.
Common misconceptions
- Myth: Lying in court is always a minor offence with a small fixed penalty.
Fact: When the lie targets a serious crime, the punishment can be as severe as for that crime itself - it is not a minor, capped penalty.