Section 233 BNS: Using evidence known to be false

Bharatiya Nyaya Sanhita, 2023

Section 233 BNS at a Glance

Section 233 BNS deals with using evidence known to be false. It is non-cognizable; it replaced Section 196 IPC on 1 July 2024.

Punishment

The section fixes no term of its own. The term is that for giving or fabricating false evidence.

Bail depends on the underlying offence ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ The Court by which the offence of giving or fabricating false evidence is triable ⓘ
IPC Equivalent

Section 196 →

Section 233 BNS Bare Act Text

233. Using evidence known to be false

Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.

Source: Section 233, Bharatiya Nyaya Sanhita, 2023

Section 233 BNS in Simple Words

Section 233 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with using evidence that a person knows to be false, or believes to be false, in any judicial proceeding. It applies when someone places such material before a court, tribunal, or other legal forum with the intent that it be used as evidence. The section is aimed at protecting the fairness of court proceedings.

If false material is used knowingly, the justice process can be misled and an innocent person may suffer harm. This section can apply to parties in a case, witnesses, lawyers, or any person who knowingly relies on false evidence. The key point is knowledge or belief about the falsity of the evidence.

A mere mistake is not enough. In practice, this provision matters because courts depend on truthful evidence to reach correct findings. A person who uses false evidence may face criminal liability even if the falsehood is not ultimately accepted by the court.

Ingredients of Section 233 BNS

  • Evidence which is false or fabricated
  • Knowledge of the accused that the evidence is false or fabricated
  • Corrupt use, or attempted use, of that evidence as true or genuine evidence

Punishment Under Section 233 BNS

Imprisonment

The section fixes no term of its own. The term is that for giving or fabricating false evidence.

Fine

The section fixes no fine of its own. The fine is that for giving or fabricating false evidence.

Bail depends on the underlying offence ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ The Court by which the offence of giving or fabricating false evidence is triable ⓘ

The First Schedule prints Non-cognizable for Section 196 IPC. For bail and for the trial court it refers to the offence of giving or fabricating false evidence, so both follow that offence.

  • Bailable: According as the offence of giving or fabricating the false evidence is bailable or non-bailable

Punished in the same manner as for giving or fabricating false evidence. Bail and the trial court follow that offence, and the offence is non-cognizable.

Example of Section 233 BNS

In a civil suit in Pune, Meera hands the court a rent receipt and asks it to accept the receipt as genuine evidence that Sunil paid an advance. Meera knows that the receipt was fabricated. She is liable under Section 233 BNS and is punished as if she had fabricated false evidence. The result is the same if the court refuses to accept the receipt, because attempting to use it as genuine evidence is enough.

When Section 233 BNS Does Not Apply

  • The accused did not know the evidence to be false or fabricated
  • The accused neither used nor attempted to use the evidence as true or genuine evidence
  • The accused did not act corruptly

Section 233 BNS in the IPC (Previous Law)

Section 233 BNS replaces Section 196 IPC from the old criminal code.

Section 196 IPC is now Section 233 BNS, with the same title and the same words. The punishment is still the same as for giving or fabricating false evidence, but that punishment now sits in Section 229 BNS, which caps the fine at ten thousand rupees or five thousand rupees where the IPC fixed no amount.

View IPC Section 196 →

FAQs on Section 233 BNS

Does Section 233 BNS apply if I made a mistake in evidence?▼

No, a genuine mistake is not enough. The prosecution must show that you knew or believed the evidence was false when you used it. Honest error, confusion, or poor recollection is treated differently.

Can a witness be punished under Section 233 BNS?▼

Yes, if the witness knowingly gives or uses false evidence in a judicial proceeding. The law does not protect a person who deliberately misleads the court. The same can apply to anyone who causes such false evidence to be used.

Is Section 233 BNS the same as giving false evidence?▼

Not exactly. Giving false evidence is about making a false statement or creating false material. This section focuses on using evidence that is already known to be false in a court proceeding.

Under Section 233 BNS, what if the court does not rely on the false evidence?▼

The offence can still be made out if the false evidence was knowingly used in the proceeding. Actual success in deceiving the court is not always required. The emphasis is on the deliberate act of placing false material before the court.

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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 ·