Section 228 BNS: Fabricating false evidence
Bharatiya Nyaya Sanhita, 2023
Section 228 BNS at a Glance
Section 228 BNS deals with fabricating false evidence. It replaced Section 192 IPC on 1 July 2024.
None. Section 228 BNS defines fabricating false evidence and sets no punishment of its own. The punishment is in Section 229 BNS.
Section 228 BNS Bare Act Text
228. Fabricating false evidence
Whoever causes any circumstance to exist or makes any false entry in any book or record, or electronic record or makes any document or electronic record containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding is said “to fabricate false evidence”.
Illustrations(a) A puts jewels into a box belonging to Z, with the intention that they may be found in that box, and that this circumstance may cause Z to be convicted of theft. A has fabricated false evidence.
(b) A makes a false entry in his shop-book for the purpose of using it as corroborative evidence in a Court. A has fabricated false evidence.
(c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in imitation of Z's handwriting, purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter in a place which he knows that the officers of the police are likely to search. A has fabricated false evidence.
Source: Section 228, Bharatiya Nyaya Sanhita, 2023
Section 228 BNS in Simple Words
Section 228 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with making false evidence. A person falls within this section when they prepare or create a false document, false statement, or any false entry with the intention that it may be used in a judicial proceeding or in an inquiry by a public servant. The law is not limited to lying in court.
It also covers creating material in advance so that it can later be used as if it were genuine. This section applies to anyone who intentionally sets up false material to mislead a court or public authority. That can include a witness, a party to a case, or even a third person who helps create the false material.
The practical purpose of the law is to protect the fairness of trials and official inquiries. If false evidence is manufactured, the court may be led to pass an unjust order, and the damage can be serious even before the false material is actually used.
Ingredients of Section 228 BNS
- The causing of a circumstance to exist, or the making of a false entry, document or electronic record containing a false statement
- The intention that it may appear in evidence in a proceeding of the kinds the section names
- The intention that it may cause an erroneous opinion on a point material to the result
Punishment Under Section 228 BNS
None. Section 228 BNS defines fabricating false evidence and sets no punishment of its own. The punishment is in Section 229 BNS.
None. Section 228 BNS sets no fine of its own. Section 229 BNS is the punishing section.
Section 228 BNS is a definition. It has no entry in the First Schedule to the BNSS, and the punishment for fabricating false evidence is in Section 229 BNS.
Example of Section 228 BNS
When Section 228 BNS Does Not Apply
- The circumstance, entry or document was not intended to appear in evidence in a judicial proceeding, in a proceeding taken by law before a public servant as such, or before an arbitrator
- The accused did not intend it to cause the person forming an opinion upon the evidence to entertain an erroneous opinion touching a point material to the result
- The act is giving false evidence, which is dealt with in Section 227 BNS
Section 228 BNS in the IPC (Previous Law)
Section 228 BNS replaces Section 192 IPC from the old criminal code.
Section 192 IPC is now Section 228 BNS, with the same title and the same words, apart from one change in illustration b. The Indian Penal Code speaks of a Court of Justice there, and the Bharatiya Nyaya Sanhita, 2023 says only a Court. The elements are not changed.
View IPC Section 192 →FAQs on Section 228 BNS
Does Section 228 BNS punish lying in court?▼
Not exactly. Section 228 BNS mainly covers the act of fabricating or creating false material that may later be used as evidence. The actual punishment usually comes under the provisions dealing with giving or using false evidence.
Under Section 228 BNS, can a person be liable even if the false document was never used?▼
Yes. If the false material was prepared with the intention that it may be used in a court case or public inquiry, liability can arise even before actual use. The focus is on the dishonest preparation.
Who can be prosecuted under Section 228 BNS?▼
Any person who knowingly creates false evidence can be covered. That includes a litigant, witness, clerk, or any other person involved in preparing the false material.
Under Section 228 BNS, what is the difference between false evidence and perjury?▼
Perjury usually refers to making false statements on oath in a legal proceeding. Fabricating false evidence is broader, because it covers creating false material in advance for possible use in a case.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·