BNS Chapter 14 – Of False Evidence and Offences Against Public Justice: In-Depth Guide for Everyone
India’s criminal justice system runs on the principle of truth and fairness. To protect that integrity, the Bharatiya Nyaya Sanhita, 2023 (BNS) dedicates Chapter 14 to offences that directly attack the justice system—such as lying under oath, tampering with evidence, or helping criminals escape. This chapter is about holding people accountable when they try to bend the law or interfere with judicial processes.
Let’s walk through the key sections of Chapter 14 and understand them in simple terms.
Giving False Evidence or Misleading Courts
Section 227 – Giving False Evidence When someone lies while under oath or during any legal proceedings, they are giving false evidence. This includes oral testimony, documents, or declarations made to mislead the court.
Section 228 – Fabricating False Evidence This refers to creating fake documents, reports, or situations with the intent to be used as evidence. It’s not just about lying but actively manipulating what gets presented in court.
Section 229 – Punishment for False Evidence Lying in court or fabricating evidence can lead to imprisonment for up to seven years and a fine. The punishment becomes harsher if the false evidence affects someone’s life or liberty.
Sections 230 & 231 – False Evidence to Wrongly Convict If someone tries to get another person wrongly convicted of a capital offence (punishable by death), they may themselves face the death penalty or life imprisonment. If the offence attracts life imprisonment, the punishment can go up to ten years.
Section 232 – Threatening to Lie in Court No one should be forced or threatened to lie in a judicial proceeding. Doing so is a criminal offence.
Section 233 – Using Known False Evidence Even if someone doesn’t create false evidence, knowingly using such false evidence in court is also punishable.
False Certifications and Declarations
Section 234 – Issuing False Certificate Doctors, government officials, or any person who issues false certificates—such as fake medical reports or official approvals—can face punishment.
Section 235 – Using False Certificate as Genuine Using a certificate that one knows is fake as if it were real is also a punishable offence.
Sections 236 & 237 – False Statements in Declarations If someone knowingly makes a false declaration that the law accepts as evidence, or uses such a declaration despite knowing it's false, they are liable under these sections.
Hiding Evidence or Protecting Offenders
Section 238 – Hiding Evidence or Giving False Information If a person hides evidence or lies to protect an offender, they can be punished. This includes destroying documents, misleading police, or tampering with crime scenes.
Section 239 – Not Reporting a Crime Anyone legally bound to inform the authorities about a crime but fails to do so can be prosecuted.
Section 240 – Giving False Crime Information Falsely accusing someone or providing fake information about a crime to the police or court is an offence under this section.
Section 241 – Destroying Evidence If someone destroys or hides a document or digital record to keep it from being used in court, they can be punished.
Fraud in Legal Proceedings and Property Claims
Section 242 – False Identity in Court Pretending to be someone else in court for legal benefit is a crime. This is often done to mislead proceedings or create fake claims.
Section 243 – Hiding Property to Avoid Legal Seizure People sometimes hide or remove property to avoid it being seized. This is an offence under this section.
Section 244 – False Property Claims If a person fraudulently claims someone else's property in court to stop its seizure, they can be punished.
Section 245 – Accepting Court Decree for Fake Debt A person who fraudulently allows a court to pass a decree against them for money they don’t owe can be penalized.
Sections 246 & 247 – False Monetary Claims and Decrees Making false claims in court to receive money or getting a court order fraudulently for money not owed is covered here. These sections protect individuals from financial scams via misuse of the legal system.
False Accusations and Shelter to Criminals
Section 248 – False Charges with Intent to Harm If someone files a false complaint against another person with the intention of harming them—whether emotionally, financially, or legally—this section ensures punishment.
Section 249 – Shelter to a Criminal Helping a criminal hide or avoid arrest is an offence. This applies even if the helper did not commit the original crime.
Sections 250 & 251 – Bribes for Protecting Offenders Accepting or offering money or favours to help someone escape legal punishment is strictly prohibited.
Section 252 – Bribes for Recovering Stolen Property Accepting gifts or rewards in exchange for helping someone retrieve stolen property (like through unofficial deals) is an offence under this section.
Sections 253 & 254 – Helping Escaped Criminals or Dacoits Providing shelter or assistance to escaped prisoners or members of gangs involved in robbery is a punishable act.
Public Servants Misusing Power
Section 255 – Saving Criminals or Property by Breaking Law When a public servant disobeys the law to help a criminal or protect property from being seized, they are liable under this section.
Section 256 – Creating False Records Any government officer or public servant who knowingly drafts false records to protect an accused person is guilty of a serious crime.
Section 257 – Corrupt Judicial Reporting A judge or magistrate who files a false report or misrepresents facts during a judicial process is liable under this section.
Section 258 – Illegal Confinement If a person with authority wrongfully detains or imprisons someone despite knowing it's illegal, they are punishable.
Neglect and Obstruction by Public Servants
Sections 259 to 264 – Escapes and Negligence by Officials These sections address public servants who:
Fail to arrest an offender
Allow someone under arrest to escape
Resist apprehending someone
Do not report or act against escapees
These provisions apply whether the negligence was intentional or due to carelessness.
Section 265 – Obstructing Legal Arrest If someone tries to resist their own arrest or helps someone else avoid arrest—without any other section covering it—they are punished under this provision.
Section 266 – Violating Bail Conditions or Remission When someone is released on bail or through remission but violates the conditions of release, they are booked under this section.
Section 267 – Insulting Judicial Officers Insulting or disturbing a judge or any public servant during court proceedings is a punishable offence under this section. It protects the dignity of judicial processes.
Section 268 – Pretending to Be a Court Assessor Assuming the identity of a person appointed by the court (like an assessor) is illegal.
Section 269 – Violating Bail or Bond Terms If a person released on bail fails to appear in court as required, this section allows the legal system to take action against them.
Final Thoughts
Chapter 14 of the BNS, 2023, is essential in protecting the credibility of India’s legal system. From punishing false witnesses to holding corrupt officials accountable, it strengthens the judiciary’s foundation. It reminds us that justice is not just about punishing criminals, but also about protecting the process itself. Truth, fairness, and integrity must be upheld at every step—from the police station to the courtroom.