Section 230 BNS: Giving or fabricating false evidence with intent to procure conviction of capital offence

Bharatiya Nyaya Sanhita, 2023

Section 230 BNS at a Glance

Section 230 BNS deals with giving or fabricating false evidence with intent to procure conviction of capital offence. It is non-bailable and non-cognizable; it replaced Section 194 IPC on 1 July 2024.

Punishment

Imprisonment for life, or rigorous imprisonment for a term which may extend to ten years.

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

Section 194(1) →

Section 230 BNS Bare Act Text

(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).

Source: Section 230, Bharatiya Nyaya Sanhita, 2023

Section 230 BNS in the IPC (Previous Law)

Section 230 BNS replaced Section 194 IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 230 BNS

What does Section 230(1) BNS punish?▼

Section 230(1) BNS punishes giving or fabricating false evidence to cause, or knowing it is likely to cause, someone to be convicted of an offence punishable with death under the law in force in India. The focus is on false evidence used with that intent or knowledge.

What has to be proved under Section 230(1) BNS?▼

It must be shown that the person gave or fabricated false evidence, and did so intending to cause, or knowing it was likely to cause, another person’s conviction for a capital offence. So both the false evidence and the required intent or knowledge matter under the text.

What is the punishment under Section 230(1) BNS?▼

The punishment under Section 230(1) BNS is imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and the offender shall also be liable to fine which may extend to fifty thousand rupees. If an innocent person is convicted and executed because of such false evidence, Section 230(2) BNS says the person giving that false evidence shall be punished either with death or with the punishment specified in Section 230(1) BNS.

How is Section 230(1) BNS different when an innocent person is actually executed?▼

Section 230(1) BNS covers the act of giving or fabricating false evidence with the intent or knowledge that it may lead to conviction for a capital offence. Section 230(2) BNS applies if an innocent person is in fact convicted and executed because of that false evidence, and it provides a higher punishment range.

What does Section 230(2) of the BNS cover?▼

Section 230(2) BNS applies when a person gives false evidence of the kind mentioned in Section 230(1) BNS, and because of that false evidence an innocent person is convicted and executed. In that situation, the person who gave the false evidence can be punished under this sub-section.

What has to be proved under Section 230(2) of the BNS?▼

It must be shown that the false evidence was the kind referred to in Section 230(1) BNS, meaning it was given with the intent to cause, or with knowledge that it was likely to cause, conviction for a capital offence. It must also be shown that an innocent person was actually convicted and executed in consequence of that false evidence.

What is the punishment under Section 230(2) of the BNS?▼

Section 230(2) BNS says the person who gives such false evidence shall be punished either with death or with the punishment described earlier in Section 230(1) BNS. That earlier punishment is imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and the offender shall also be liable to fine which may extend to fifty thousand rupees.

How is Section 230(2) different from Section 230(1) of the BNS?▼

Section 230(1) BNS deals with giving or fabricating false evidence intending, or knowing it is likely, to cause conviction for a capital offence. Section 230(2) BNS is the graver situation where an innocent person is in fact convicted and executed because of that false evidence.

Section 230 BNS: Sub-sections Explained

Section 230(1) BNS: Giving or fabricating false evidence with intent to procure conviction of capital offence

▶

Bare Act Text

(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.

Explained in Simple Words

Section 230(1) of the Bharatiya Nyaya Sanhita (BNS) applies to any person who gives or fabricates false evidence with the intention of causing, or knowing that it is likely to cause, any person to be convicted of a capital offence under the law in force in India. A capital offence is an offence that is punishable with death under Indian law.

The provision covers two kinds of conduct: giving false evidence, such as making a false statement in a proceeding, and fabricating false evidence, such as creating false material to be used as evidence. It applies both when the offender intends to cause a conviction for a capital offence and when the offender knows that such a conviction is likely.

A person convicted under Section 230(1) BNS 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.

Key Ingredients

  • The accused gave false evidence or fabricated false evidence
  • There was an intention to cause, or knowledge that it was likely to cause, conviction of a person
  • The intended conviction was for an offence capital by the law in force in India

Punishment

Non-Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Imprisonment for life, or rigorous imprisonment for a term which may extend to ten years.

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

Giving or fabricating false evidence intending or knowing it to be likely to cause a person to be convicted of a capital offence is punishable with imprisonment for life or rigorous imprisonment for up to ten years, along with liability to a fine of up to fifty thousand rupees.

Real-World Example

Late one night on the outskirts of Guwahati, Tarun is found stabbed to death. Wanting Farhan to be convicted for murder, Rakesh secretly keeps the blood-stained knife in Farhan’s garage so police treat it as the murder weapon connected to him. Rakesh then falsely tells the court that he personally saw Farhan stabbing Tarun. He does this deliberately to secure Farhan’s conviction, knowing that murder is a capital offence under Indian law. These facts fall within Section 230(1) BNS because Rakesh both fabricates false evidence and gives false evidence with that intention.

When This Does Not Apply

  • A person gives false evidence in a case involving a non-capital offence only
  • A witness makes an honest mistake in testimony without intending or knowing it is likely to cause conviction
  • False evidence is created for harassment or delay, but not to cause conviction of any person for a capital offence
  • A person merely suspects someone privately but does not give or fabricate false evidence

Section 230(2) BNS: Giving or fabricating false evidence with intent to procure conviction of capital offence

▶

Bare Act Text

(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).

Explained in Simple Words

Section 230(2) of the Bharatiya Nyaya Sanhita (BNS) deals with the aggravated consequence of giving false evidence in a capital case. It applies to a person who gives false evidence of the kind referred to in Section 230(1) BNS, meaning false evidence given with the intention of causing, or knowing it to be likely to cause, a person to be convicted of an offence punishable with death under Indian law.

For this sub-section to apply, an innocent person must actually be convicted and executed in consequence of that false evidence. It is not enough that false evidence was given in a trial for a capital offence, or even that a wrongful conviction took place. Both the conviction of an innocent person and the execution of that person must occur as a result of the false evidence.

Where this happens, the person who gives such false evidence shall be punished either with death or with the punishment specified in Section 230(1) BNS, which is imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, along with liability to fine which may extend to fifty thousand rupees.

Key Ingredients

  • The accused gave false evidence of the kind referred to in Section 230(1) BNS
  • The false evidence was given intending to cause, or knowing it to be likely to cause, a person's conviction for an offence capital by law in India
  • An innocent person was convicted in consequence of that false evidence
  • The innocent person was executed in consequence of that conviction

Punishment

Non-Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Death, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years.

💰 Where the punishment specified in Section 230(1) BNS is imposed instead of death, fine of up to fifty thousand rupees may be imposed in addition to imprisonment.

Giving false evidence intended or known to be likely to cause conviction for a capital offence, in consequence of which an innocent person is convicted and executed, is punishable with death or with imprisonment for life or rigorous imprisonment for up to ten years and liability to a fine of up to fifty thousand rupees.

Real-World Example

After a trader’s body is found with stab injuries on the outskirts of Madurai, Harpreet appears before the court and falsely claims that he saw Imran commit the murder, even though he was never at the spot. To support that lie, Harpreet and Swati arrange a blood-stained shirt and present it as genuine evidence. Harpreet knows that murder can be punished with death and gives this false evidence specifically to secure Imran’s conviction for that capital offence. Innocent Imran is convicted and executed in consequence of that false evidence. Because an innocent person was convicted and executed as a result of the false evidence, Harpreet is liable under Section 230(2) BNS.

When This Does Not Apply

  • No innocent person is convicted and executed in consequence of the false evidence, even if Section 230(1) BNS applies
  • A witness makes an honest mistake in identification, without giving false evidence knowingly
  • False evidence is given in a case that is not for an offence capital by law in India
  • A person lies to damage someone's reputation, but not to cause conviction for a capital offence

Have questions about Section 230 BNS?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

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: 15 Oct 2026 ·