Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 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 or knowing it to be likely that it will cause any person to be convicted of an offence punishable by life imprisonment or imprisonment for a term of seven years or more, shall be punished as a person convicted of that offence would be liable to be punished.
Illustration
A gives false evidence before a Court, intending to cause Z to be convicted of dacoity. The punishment for dacoity is life imprisonment 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.
Brief Detail
BNS Section 231 sets severe penalties for individuals who provide or fabricate false evidence with the intent to wrongfully convict someone for a serious crime punishable by life imprisonment or long-term imprisonment. This section ensures that false testimony does not lead to wrongful convictions in serious cases.
Question & Answers
Q1: What is the punishment for giving false evidence to procure someone's conviction for a serious offence?
A1: The person giving false evidence will face the same punishment as the one convicted of the offence, which may be life imprisonment or imprisonment for a term of seven years or more.
Q2: Does this section apply to capital offences?
A2: No, this section applies to offences punishable with life imprisonment or imprisonment for a term of seven years or more but not capital offences.
Example
Example Scenario:
A falsely testifies in court to wrongfully convict Z of a serious crime like dacoity. Under this section, A will face the same punishment as if he were convicted of dacoity himself.
Summary
BNS Section 231 emphasizes the gravity of providing false evidence in serious cases, ensuring that those who fabricate evidence intending to cause wrongful conviction face equally serious penalties.
