Section 236 BNS: False statement made in declaration which is by law receivable as evidence
Bharatiya Nyaya Sanhita, 2023
Section 236 BNS at a Glance
Section 236 BNS deals with false statement made in declaration which is by law receivable as evidence. It is bailable and non-cognizable; it replaced Section 199 IPC on 1 July 2024.
The section sets no term of its own. The offender is punished in the same manner as for giving false evidence, which is punished under Section 229 BNS.
Section 236 BNS Bare Act Text
236. False statement made in declaration which is by law receivable as evidence
Whoever, in any declaration made or subscribed by him, which declaration any Court or any public servant or other person, is bound or authorised by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.
Source: Section 236, Bharatiya Nyaya Sanhita, 2023
Section 236 BNS in Simple Words
Section 236 of the Bharatiya Nyaya Sanhita (BNS) deals with a false statement made in a declaration that the law permits to be used as evidence. In simple terms, if a person signs or makes a declaration knowing that a material statement in it is false, and that declaration can legally be treated as evidence, the person can be punished under this section. The law is aimed at protecting the integrity of sworn or legally recognised declarations. This section can apply to any person who makes such a declaration, including in matters where a declaration is filed before a public authority, court, or other forum where the law accepts it as evidence.
The falsehood must relate to a material fact, not a minor or accidental error. In practice, this section matters because declarations are often relied upon without full trial evidence. A false declaration can mislead authorities, affect rights, and cause serious legal harm.
Ingredients of Section 236 BNS
- A declaration made or subscribed by the accused, which a Court, a public servant or another person is bound or authorised by law to receive as evidence of a fact
- A statement in it which is false and touches a point material to the object for which the declaration is made or used
- Knowledge or belief of the accused that the statement is false, or absence of belief that it is true
Punishment Under Section 236 BNS
The section sets no term of its own. The offender is punished in the same manner as for giving false evidence, which is punished under Section 229 BNS.
The section sets no fine of its own. The fine is the one for giving false evidence.
Making a false statement in a declaration which is by law receivable as evidence is punished in the same manner as giving false evidence.
Example of Section 236 BNS
When Section 236 BNS Does Not Apply
- The accused did not make or subscribe the declaration
- The declaration is not one which a Court, a public servant or another person is bound or authorised by law to receive as evidence of a fact
- The statement is not false
- The accused neither knew nor believed the statement to be false and did believe it to be true
- The statement does not touch a point material to the object for which the declaration is made or used
- The act is using as true a declaration known to be false, which is punished under Section 237 BNS
Section 236 BNS in the IPC (Previous Law)
Section 236 BNS replaces Section 199 IPC from the old criminal code.
Section 199 IPC is now Section 236 BNS, with the same title. One phrase of the text changed: the IPC names a Court of Justice as a body bound or authorised to receive the declaration, and the BNS names a Court. The rest of the words are the same. The punishment is still the same as for giving 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 199 →FAQs on Section 236 BNS
What is Section 236 BNS about?▼
It punishes a person who knowingly makes a false statement in a declaration that the law treats as evidence. The statement must be false in a material way, not just technically incorrect. This section protects the trust placed in formal declarations.
Does every wrong statement in a declaration attract Section 236 BNS?▼
No. The prosecution must show that the statement was false and that the person knew it was false when making it. A genuine mistake, confusion, or clerical error is not enough by itself.
What is the punishment under Section 236 BNS?▼
The punishment under Section 236 BNS is the same as for giving false evidence. The exact sentence depends on the facts, the seriousness of the falsehood, and the impact of the declaration.
Is the offence under Section 236 BNS still relevant under current law?▼
Yes, the same conduct is covered under Section 236 of the Bharatiya Nyaya Sanhita (BNS), 2023. Older cases may still refer to the old law, but new matters are generally dealt with under the BNS.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·