Section 196 IPC: Using evidence known to be false

Indian Penal Code, 1860

Section 196 IPC at a Glance

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

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 ⓘ
BNS Equivalent

Section 233 →

Section 196 IPC Bare Act Text

196. 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 196, Indian Penal Code, 1860

Section 196 IPC in Simple Words

Section 196 of the Indian Penal Code (IPC) punishes a person who corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated. The section fixes no punishment of its own. The offender is punished in the same manner as if he had given or fabricated false evidence. The offence is non-cognizable.

Ingredients of Section 196 IPC

  • The evidence was false or fabricated
  • The accused knew the evidence to be false or fabricated
  • The accused used the evidence as true or genuine evidence, or attempted to use it so
  • The accused did so corruptly

Punishment Under Section 196 IPC

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 196 IPC

During a probate hearing in Chennai in 2015, Madhavan produced a forged medical certificate before the judge and sought to rely on it as genuine evidence that his late aunt was of sound mind when signing a disputed will. Madhavan had not created the certificate himself, but he knew that it was fabricated. By tendering the document in court to gain an unfair advantage in the inheritance dispute, Madhavan corruptly used and attempted to use as genuine evidence a document he knew to be fabricated, even when the judge rejected it. Madhavan is punishable under Section 196 IPC.

When Section 196 IPC Does Not Apply

  • Section 196 IPC does not apply when a litigant submits a fabricated document in good faith while honestly believing it to be authentic.
  • Section 196 IPC does not apply when a person possesses a false or fabricated record at home but neither uses it nor attempts to use it as true or genuine evidence.
  • Section 196 IPC does not apply when a prosecutor or investigator places a forged document before the court solely to prove that it is a forgery rather than to use it as genuine evidence.
  • Section 196 IPC does not apply when the evidence produced and relied upon is true and genuine.

Section 196 IPC in the BNS

Section 196 IPC is now covered under Section 233 BNS.

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 detailed comparison (IPC 196 vs BNS 233) →

FAQs on Section 196 IPC

What does Section 196 IPC provide?▼

It punishes a person who corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated.

What is the punishment under Section 196 IPC?▼

The offender is punished in the same manner as if he gave or fabricated false evidence. The section fixes no term or fine of its own.

How does Section 196 IPC differ from Section 197 IPC?▼

Section 196 IPC punishes corruptly using or attempting to use evidence known to be false or fabricated. Section 197 IPC punishes issuing or signing a certificate required by law, knowing or believing that it is false in any material point.

Is an attempt to use the evidence enough under Section 196 IPC?▼

Yes. The section covers a person who corruptly uses or attempts to use the evidence as true or genuine evidence.

Is an offence under Section 196 IPC cognizable and bailable?▼

It is non-cognizable. Bail follows the offence of giving or fabricating the false evidence, so it is bailable or non-bailable according as that offence is.

Which court tries an offence under Section 196 IPC?▼

The court by which the offence of giving or fabricating false evidence is triable.

Can an offence under Section 196 IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 196 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 233 BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·