Section 231 BNS: Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
Bharatiya Nyaya Sanhita, 2023
Section 231 BNS at a Glance
Section 231 BNS deals with giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment. It is non-bailable and non-cognizable, triable by the Court of Session; it replaced Section 195 IPC on 1 July 2024.
The same as for the offence in question.
Section 231 BNS Bare Act Text
231. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
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.
IllustrationA 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.
Source: Section 231, Bharatiya Nyaya Sanhita, 2023
Section 231 BNS in Simple Words
Section 231 of the Bharatiya Nyaya Sanhita (BNS) deals with a very serious form of false evidence. It applies when a person gives false evidence, or fabricates false evidence, intending to cause, or knowing it to be likely that he will cause, someone to be convicted of an offence that is not capital, but is punishable with imprisonment for life, or imprisonment for a term of seven years or more. In simple terms, this is not ordinary lying in court.
It is false evidence aimed at sending a person to prison for a grave non-capital crime. A person who commits this offence is punished in the same manner as a person convicted of that underlying offence would be liable to be punished. The section can apply to a witness, a complainant, or any other person who knowingly creates or gives false evidence for this purpose.
In practice, prosecutors rely on this section when the false statement or fake evidence was made to secure conviction in a serious offence case. It is a strong deterrent against perjury and evidence tampering in major criminal trials.
Ingredients of Section 231 BNS
- Giving or fabricating false evidence
- The intention to cause a person to be convicted, or knowledge that a conviction is likely to follow
- An offence that is not capital but is punishable with imprisonment for life or imprisonment for a term of seven years or upwards
Punishment Under Section 231 BNS
The same as for the offence in question.
The same as for the offence in question, with or without fine as that offence provides.
The punishment is whatever a person convicted of the offence in question would be liable to. The seven years in the section describe which offences bring it into play and are not the punishment. The offence is non-cognizable and non-bailable, and it is triable by a Court of Session.
Example of Section 231 BNS
When Section 231 BNS Does Not Apply
- The false evidence is meant to cause conviction of a capital offence, which is covered by Section 230 BNS
- The accused neither intended to cause a conviction nor knew it to be likely that a conviction would follow
- The offence for which conviction is sought is not punishable with imprisonment for life or with imprisonment for a term of seven years or upwards
- The evidence is not false and is not fabricated
Section 231 BNS in the IPC (Previous Law)
Section 231 BNS replaces Section 195 IPC from the old criminal code.
Section 195 IPC is now Section 231 BNS, with the same title, the same operative words and the same punishment rule. The one difference is in the illustration, which says a Court where the IPC says a Court of Justice.
View IPC Section 195 →FAQs on Section 231 BNS
What kind of false evidence is covered under Section 231 BNS?▼
This section covers false evidence given or fabricated intending to cause, or knowing it to be likely to cause, someone to be convicted of a serious non-capital offence. The offence in question must not be punishable with death, but must be punishable with life imprisonment or imprisonment for seven years or upwards. Simple mistakes or confusion are not enough.
Does Section 231 BNS apply if the false statement was made outside court?▼
Yes, it can apply if the false material was created or given with the required intention and later used in the criminal case. The key issue is whether the person knowingly set out to support a wrongful conviction. The place where the falsehood was created is less important than the purpose behind it.
What is the punishment under Section 231 BNS?▼
A person convicted under Section 231 BNS is punished in the same manner as a person convicted of the underlying offence would be liable to be punished. The reference to seven years or upwards in the section describes the offences to which the section applies, not a seven-year cap on punishment.
Is Section 231 BNS still in force after the new criminal law came in?▼
Yes. Section 231 of the Bharatiya Nyaya Sanhita (BNS), 2023 is in force under the new criminal law, having replaced the earlier Indian Penal Code provision. For new offences committed after the BNS took effect, Section 231 BNS applies.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·