Section 229 BNS: Punishment for false evidence

Bharatiya Nyaya Sanhita, 2023

Section 229 BNS at a Glance

Section 229 BNS deals with punishment for false evidence. It is bailable and non-cognizable; it replaced Section 193 IPC on 1 July 2024.

Punishment

Imprisonment of either description for up to seven years where the false evidence is given or fabricated in a judicial proceeding. Imprisonment of either description for up to three years in any other case.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ
IPC Equivalent

Section 193 →

Section 229 BNS Bare Act Text

(1) Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine which may extend to ten thousand rupees.

(2) Whoever intentionally gives or fabricates false evidence in any case other than that referred to in sub-section (1), shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine which may extend to five thousand rupees.

Explanation 1.

A trial before a Court-martial is a judicial proceeding.

Explanation 2.

An investigation directed by law preliminary to a proceeding before a Court, is a stage of a judicial proceeding, though that investigation may not take place before a Court.

Illustration.

A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence.

Explanation 3.

An investigation directed by a Court according to law, and conducted under the authority of a Court, is a stage of a judicial proceeding, though that investigation may not take place before a Court.

Illustration.

A, in an enquiry before an officer deputed by a Court to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence.

Source: Section 229, Bharatiya Nyaya Sanhita, 2023

Section 229 BNS in the IPC (Previous Law)

Section 229 BNS replaced Section 193 IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 229 BNS

What does Section 229 of the Bharatiya Nyaya Sanhita cover?▼

Section 229 BNS covers intentionally giving false evidence or fabricating false evidence. It applies both to judicial proceedings and to other cases, with stricter punishment when the false evidence is connected to a judicial proceeding.

What has to be proved for punishment under Section 229 BNS?▼

It must be shown that the person intentionally gave false evidence or intentionally fabricated false evidence. For sub-section (1), it must also be connected to a stage of a judicial proceeding, which can include certain investigations directed by law or by a Court.

Is Section 229 BNS bailable?▼

Yes. This is a bailable offence, which means bail can be claimed as a matter of right. The accused is normally released on furnishing bail, subject to the usual conditions the court or police may impose.

What is the punishment for false evidence under Section 229 BNS?▼

If the false evidence is given in any stage of a judicial proceeding, the punishment may extend to seven years' imprisonment and liability to fine up to ten thousand rupees. In other cases, the punishment may extend to three years' imprisonment and liability to fine up to five thousand rupees.

Under Section 229 BNS, does lying during an enquiry or investigation count as false evidence in a judicial proceeding?▼

Yes, in some situations it can. Section 229 BNS says an investigation directed by law preliminary to a Court proceeding, or an investigation directed by a Court and conducted under its authority, is treated as a stage of a judicial proceeding even if it does not happen before the Court itself.

What does Section 229(2) of the BNS cover?▼

Section 229(2) BNS covers intentionally giving false evidence or fabricating false evidence in cases other than a judicial proceeding covered by Section 229(1) BNS. In simple words, it applies when the false evidence is not given in a stage of a judicial proceeding as described in sub-section (1). The act must be intentional.

What has to be proved for punishment under Section 229(2) BNS?▼

It must be shown that the person intentionally gave false evidence or intentionally fabricated false evidence. The text also makes a distinction between judicial proceedings and other cases, so for Section 229(2) BNS, the case must fall outside Section 229(1) BNS. A mistake or something said without intention is not what this sub-section describes.

What is the punishment for false evidence under Section 229(2) BNS?▼

The punishment under Section 229(2) BNS may extend to three years' imprisonment of either description. The person shall also be liable to fine which may extend to five thousand rupees. The exact sentence depends on the facts of the case.

How is Section 229(2) BNS different from Section 229(1) BNS?▼

Section 229(1) BNS applies to intentionally giving or fabricating false evidence in any stage of a judicial proceeding, and it carries a higher punishment. Section 229(2) BNS applies to other cases outside that category. The text says Section 229(1) can extend to seven years and liability to fine up to ten thousand rupees, while Section 229(2) can extend to three years and liability to fine up to five thousand rupees.

Section 229 BNS: Sub-sections Explained

Section 229(1) BNS: Punishment for false evidence

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Bare Act Text

(1) Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine which may extend to ten thousand rupees.

Explained in Simple Words

Section 229 of the Bharatiya Nyaya Sanhita (BNS) punishes intentionally giving false evidence or fabricating false evidence. Under sub-section (1), if a person intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence to be used in any stage of a judicial proceeding, the punishment is imprisonment of either description for up to seven years, and the offender is also liable to fine of up to ten thousand rupees. Under sub-section (2), intentionally giving or fabricating false evidence in any other case is punishable with imprisonment of either description for up to three years, and the offender is also liable to fine of up to five thousand rupees.

The Explanations clarify what counts as a stage of a judicial proceeding. A trial before a Court-martial is a judicial proceeding. An investigation directed by law preliminary to a proceeding before a Court, or an investigation directed by a Court according to law and conducted under its authority, is also a stage of a judicial proceeding even if it does not take place before a Court.

Key Ingredients

  • Giving false evidence, or fabricating false evidence, intentionally
  • A judicial proceeding or a stage of one, which includes a trial before a Court-martial and the investigations named in Explanations 2 and 3
  • Any other case, which carries the lower punishment

Punishment

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class for the first limb; any Magistrate for the second limb ⓘ

🔒 Imprisonment of either description for up to seven years where the false evidence is given or fabricated in a judicial proceeding. Imprisonment of either description for up to three years in any other case.

💰 Fine up to ten thousand rupees where the false evidence is given or fabricated in a judicial proceeding, and fine up to five thousand rupees in any other case.

Giving or fabricating false evidence in a judicial proceeding carries imprisonment of either description for up to seven years and liability to fine up to ten thousand rupees. In any other case it carries imprisonment of either description for up to three years and liability to fine up to five thousand rupees.

Real-World Example

Ravi is a witness at a trial before a Magistrate. On oath he states that he saw Imran at the market that evening, a statement that he knows to be false. Ravi has intentionally given false evidence in a stage of a judicial proceeding. He is liable under Section 229(1) BNS to imprisonment of either description for up to seven years, and also fine up to ten thousand rupees.

When This Does Not Apply

  • The evidence was not given or fabricated intentionally
  • No false evidence was given or fabricated

Previous Law

IPC 193 → Section 229(1) BNS

Section 193 IPC is now Section 229(1) BNS, with the same title and the same offence. The BNS sets out the two limbs as sub-section one and sub-section two. It keeps the imprisonment at up to seven years and up to three years, and it fixes a maximum fine where the IPC fixed no amount. The fine may extend to ten thousand rupees under sub-section one and to five thousand rupees under sub-section two. The second limb, which the IPC words as any other case, now reads any case other than that referred to in sub-section one. Explanation 1 is unchanged. In Explanations 2 and 3 and in the second Illustration the BNS reads Court where the IPC reads Court of Justice.

Section 229(2) BNS: Punishment for false evidence

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Bare Act Text

(2) Whoever intentionally gives or fabricates false evidence in any case other than that referred to in sub-section (1), shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine which may extend to five thousand rupees.

Explanation 1.

A trial before a Court-martial is a judicial proceeding.

Explanation 2.

An investigation directed by law preliminary to a proceeding before a Court, is a stage of a judicial proceeding, though that investigation may not take place before a Court.

Illustration.

A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence.

Explanation 3.

An investigation directed by a Court according to law, and conducted under the authority of a Court, is a stage of a judicial proceeding, though that investigation may not take place before a Court.

Illustration.

A, in an enquiry before an officer deputed by a Court to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence.

Explanation

1.—A trial before a Court-martial is a judicial proceeding.

Explained in Simple Words

Section 229(2) of the Bharatiya Nyaya Sanhita (BNS) punishes intentionally giving or fabricating false evidence outside a judicial proceeding. It applies to any person who intentionally gives false evidence, or intentionally fabricates false evidence, in any case other than one involving a stage of a judicial proceeding covered by Section 229(1) BNS.

A person who commits an offence under Section 229(2) BNS is punishable with imprisonment of either description for a term which may extend to three years, and is also liable to a fine which may extend to five thousand rupees. By contrast, giving or fabricating false evidence in a judicial proceeding under Section 229(1) BNS carries up to seven years' imprisonment and liability to a fine up to ten thousand rupees.

Whether a case falls under Section 229(1) BNS or Section 229(2) BNS depends on whether the proceeding is a stage of a judicial proceeding. Under the Explanations to Section 229 BNS, a trial before a Court-martial, a preliminary investigation directed by law before a court proceeding, and an investigation conducted under a court's authority are all treated as stages of a judicial proceeding even if not held before a court.

Key Ingredients

  • The person intentionally gives false evidence or fabricates false evidence
  • The act is in a case other than a judicial proceeding or a stage of a judicial proceeding under Section 229(1) BNS
  • The evidence given or fabricated is false
  • There is intention in making or creating the false evidence

Punishment

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

🔒 Imprisonment of either description for up to three years.

💰 Fine of up to five thousand rupees may be imposed in addition to imprisonment.

Intentionally giving or fabricating false evidence in any case other than a stage of a judicial proceeding covered by Section 229(1) BNS is punishable with imprisonment of either description for up to three years, and the offender shall also be liable to fine of up to five thousand rupees.

Real-World Example

At a residents’ welfare meeting on the outskirts of Guwahati about a private dispute over repayment of a friendly loan, Rakesh signs a written statement falsely claiming that he saw Tarun repay Farhan in full in cash, though he knows no such payment was made. He also helps prepare a fake receipt to support that story. Because this false statement and fabricated receipt are meant for use in a neighbourhood association meeting, before any court case or judicial proceeding has begun, the conduct amounts to intentionally giving or fabricating false evidence in a non-judicial matter under Section 229(2) BNS.

When This Does Not Apply

  • A person makes a false statement by mistake or confusion, without intention
  • The false evidence is given in a judicial proceeding or at a stage of a judicial proceeding covered by sub-section (1)
  • A person gives a true statement, but it later appears doubtful because of poor memory or misunderstanding
  • A person lies casually in a private conversation, without giving or fabricating evidence in any case

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