Whoever causes any circumstance to exist or makes any false entry in any book or record, or electronic record or makes any document or electronic record containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding is said “to fabricate false evidence”.
Illustrations.
(a) A puts jewels into a box belonging to Z, with the intention that they may be found in that box, and that this circumstance may cause Z to be convicted of theft. A has fabricated false evidence.
(b) A makes a false entry in his shop-book for the purpose of using it as corroborative evidence in a Court. A has fabricated false evidence.
(c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in imitation of Z’s handwriting, purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter in a place which he knows that the officers of the police are likely to search. A has fabricated false evidence.
Simplified Explanation
Section 228 of the Bharatiya Nyaya Sanhita, 2023 defines the crime of fabricating false evidence. This section makes it a criminal offense to intentionally create, alter, or manipulate evidence with the aim of misleading a judicial proceeding or a legal process before a public servant or arbitrator.
Key Aspects of Section 228
1. Definition of Fabricating False Evidence
- Fabricating false evidence involves the deliberate act of causing a circumstance to exist or making a false entry in any record (written, electronic, etc.) with the intention that it will be presented as evidence in a legal or judicial proceeding.
- The purpose of fabricating evidence is to create an erroneous opinion or mislead the person who will form a judgment based on the evidence presented, potentially altering the outcome of the proceeding.
2. Types of Actions Considered as Fabrication
The fabrication of false evidence can include:
- Creating false circumstances (such as planting physical evidence).
- Making false entries in records (books, electronic records, etc.).
- Creating documents with false statements (such as forging a letter or other records).
3. Purpose of Fabrication
- The fabricated evidence is intended to deceive or mislead those who rely on it during a legal process (such as a judge, public servant, or arbitrator).
- The goal is often to cause someone to form a wrong conclusion on a matter important to the case.
Illustrations of Fabricating False Evidence
- Illustration (a):
A places jewels into a box belonging to Z, intending that the jewels will be discovered there. A’s purpose is to make it appear as though Z is guilty of theft, thereby fabricating false evidence to secure a wrongful conviction. - Illustration (b):
A makes a false entry in his shop-book, knowing that the false entry will be used as evidence in court to support his claims. This is an example of fabricating false evidence by tampering with official records. - Illustration (c):
A writes a letter in imitation of Z’s handwriting, meant to look like a communication between Z and an accomplice in a criminal conspiracy. A places the letter in a location where police are likely to find it, intending to use it as fabricated evidence to implicate Z in a crime.
Legal Implications of Fabricating False Evidence
- Criminal Offense:
- Fabricating false evidence is a serious criminal offense because it undermines the judicial process and the integrity of legal proceedings.
- The law holds individuals accountable for actions that intentionally mislead courts, public servants, or arbitrators by presenting false or manipulated evidence.
- Punishment:
- Section 228 does not specifically prescribe the exact punishment in this excerpt, but similar offenses typically carry severe penalties, including imprisonment and fines, depending on the impact of the false evidence on the proceedings.
- Impact on Legal Integrity:
- Fabricated evidence compromises the ability of the justice system to deliver fair and accurate verdicts, potentially causing wrongful convictions or acquittals.
- The section serves to protect the integrity of legal proceedings by criminalizing attempts to distort the truth.
Conclusion
Section 228 of the Bharatiya Nyaya Sanhita, 2023 specifically addresses fabricating false evidence in order to manipulate or deceive judicial or legal proceedings. Whether by creating false circumstances, altering records, or forging documents, the goal is to mislead those involved in a legal process and alter the outcome of a case. This section penalizes such actions to maintain the fairness and credibility of the justice system.
