Section 227 BNS: Giving false evidence

Bharatiya Nyaya Sanhita, 2023

Section 227 BNS at a Glance

Section 227 BNS deals with giving false evidence. It replaced Section 191 IPC on 1 July 2024.

Punishment

None of its own. The punishment for false evidence is in Section 229 BNS.

IPC Equivalent

Section 191 →

Section 227 BNS Bare Act Text

227. Giving false evidence

Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.

Explanation 1.—A statement is within the meaning of this section, whether it is made verbally or otherwise.

Explanation 2.—A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.

Illustrations

(a) A, in support of a just claim which B has against Z for one thousand rupees, falsely swears on a trial that he heard Z admit the justice of B’s claim. A has given false evidence.

(b) A, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that which he knows to be false, and therefore gives false evidence.

(c) A, knowing the general character of Z’s handwriting, states that he believes a certain signature to be the handwriting of Z; A in good faith believing it to be so. Here A’s statement is merely as to his belief, and is true as to his belief, and therefore, although the signature may not be the handwriting of Z, A has not given false evidence.

(d) A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not knowing anything upon the subject. A gives false evidence whether Z was at that place on the day named or not.

(e) A, an interpreter or translator, gives or certifies as a true interpretation or translation of a statement or document which he is bound by oath to interpret or translate truly, that which is not and which he does not believe to be a true interpretation or translation. A has given false evidence.

Source: Section 227, Bharatiya Nyaya Sanhita, 2023

Section 227 BNS in Simple Words

Section 227 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with giving false evidence. It applies when a person, being legally bound by oath, by law, or by a declaration to tell the truth, makes a statement that he knows or believes to be false, or does not believe to be true. It also covers false statements made in any stage of a judicial proceeding, or in any declaration that the law treats as evidence.

This section matters because the justice system depends on truthful evidence. If a witness, complainant, accused person, or any other person legally required to speak truthfully gives false evidence, the court may be misled and an innocent person may suffer. In practice, the prosecution must show that the statement was false and that the person knew it was false or did not believe it to be true when making it.

A mere mistake, confusion, or poor memory is not enough. This provision is used to protect the integrity of trials, affidavits, statements on oath, and other legal proceedings.

Ingredients of Section 227 BNS

  • A person legally bound by an oath or by an express provision of law to state the truth, or bound by law to make a declaration upon any subject
  • A false statement, made verbally or otherwise, that the person knows or believes to be false or does not believe to be true
  • A false statement as to the person’s own belief, which is also covered

Punishment Under Section 227 BNS

Imprisonment

None of its own. The punishment for false evidence is in Section 229 BNS.

Fine

None of its own. Any fine comes from the section that punishes false evidence.

Section 227 BNS defines giving false evidence and sets no punishment of its own. Punishment is provided under Section 229 BNS.

Example of Section 227 BNS

In a civil suit in Surat, Sunita takes an oath as a witness and states that she heard Shalini admit that she owed money to Kavita. Sunita never heard any such admission and knows it. She was legally bound by oath to state the truth and made a statement which she knew to be false. She has given false evidence within the meaning of Section 227 BNS.

When Section 227 BNS Does Not Apply

  • The person states only what he in good faith believes, as with a witness who says he believes a signature to be a named person’s handwriting and honestly believes it, even if the signature proves not to be
  • The person was not bound by an oath or by an express provision of law to state the truth, and was not bound by law to make a declaration upon the subject
  • The statement was false but the person neither knew nor believed it to be false and did believe it to be true

Section 227 BNS in the IPC (Previous Law)

Section 227 BNS replaces Section 191 IPC from the old criminal code.

Section 191 IPC is now Section 227 BNS, with the same title and the same words. The section still defines the term and sets no punishment.

View IPC Section 191 →

FAQs on Section 227 BNS

Under Section 227 BNS, what is the difference between a wrong statement and false evidence?▼

A wrong statement made by mistake is not enough. For this offence, the person must know the statement is false, or at least not believe it to be true. Honest error is treated differently from deliberate falsehood.

Under Section 227 BNS, can a witness be punished for lying in court?▼

Yes. If a witness intentionally gives false evidence in a case, the court can take action under the law. The punishment is stricter when the false statement is made during a judicial proceeding.

Does Section 227 BNS apply to affidavits too?▼

Yes, if the affidavit or declaration is one that the law treats as evidence and the person was bound to state the truth. A false affidavit can attract legal consequences if the required mental element is proved.

Under Section 227 BNS, is every false statement in a police case covered?▼

No. The statement must be one made under a legal duty to tell the truth, or in a setting covered by this provision. Casual false statements outside such settings may fall under other offences, depending on the facts.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·