(1) Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine which may extend to ten thousand rupees.
(2) Whoever intentionally gives or fabricates false evidence in any case other than that referred to in sub-section (1), shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine which may extend to five thousand rupees.
Explanation 1.—A trial before a Court-martial is a judicial proceeding.
Explanation 2.—An investigation directed by law preliminary to a proceeding before a Court, is a stage of a judicial proceeding, though that investigation may not take place before a Court.
Illustration.
A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence.
Explanation 3.—An investigation directed by a Court according to law, and conducted under the
authority of a Court, is a stage of a judicial proceeding, though that investigation may not take place before a Court.
Illustration.
A, in an enquiry before an officer deputed by a Court to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence.
Simplified Explanation
Section 229 of the Bharatiya Nyaya Sanhita, 2023 deals with the punishment for giving false evidence or fabricating false evidence at any stage of a judicial proceeding. The section specifically outlines the severity of punishment for individuals who intentionally provide false or fabricated evidence to mislead legal processes.
Key Aspects of Section 229
1. Punishment for False Evidence in Judicial Proceedings (Sub-section 1)
- Intentional false evidence: If a person knowingly gives false evidence or fabricates false evidence for the purpose of its use in any stage of a judicial proceeding, they are liable for punishment.
- Imprisonment: The punishment can include imprisonment for a term that may extend to seven years.
- Fine: The individual will also be liable to a fine, which may extend to ten thousand rupees.
2. Punishment for False Evidence in Non-Judicial Proceedings (Sub-section 2)
- False evidence outside judicial proceedings: If false evidence is given or fabricated for purposes outside of judicial proceedings, the punishment is less severe than for judicial proceedings.
- Imprisonment: The imprisonment term can extend to three years.
- Fine: A fine can be imposed, up to five thousand rupees.
Explanations and Illustrations
Explanation 1:
- A trial before a Court-martial is considered a judicial proceeding under this section.
Explanation 2:
- An investigation directed by law, which is preliminary to a proceeding before a court, is also considered a stage of a judicial proceeding, even if it does not occur in front of a court.
Illustration 1:
- A gives false evidence during an enquiry before a Magistrate to determine whether Z should be committed for trial. This enquiry is part of the judicial process, so A is guilty of giving false evidence.
Explanation 3:
- An investigation conducted under the authority of a court—even if it is not in front of a court—counts as a stage of a judicial proceeding.
Illustration 2:
- A gives false evidence in an enquiry by an officer deputed by the court to determine the boundaries of land. Since this enquiry is considered part of a judicial proceeding, A is guilty of giving false evidence.
Legal Implications of Section 229
- False Evidence in Judicial Proceedings:
- Providing false evidence or fabricating evidence with the intention of misleading a court or legal process is a serious offense with harsh penalties.
- Judicial proceedings include trials, investigations directed by courts, or any stage of a legal process where evidence is presented to the authorities.
- Punishment:
- If the false evidence is given in a judicial proceeding, the punishment is severe: up to seven years of imprisonment and a fine of up to ten thousand rupees.
- If the false evidence is fabricated or given in non-judicial proceedings, the penalty is reduced to three years of imprisonment and a fine of up to five thousand rupees.
- Scope of Judicial Proceedings:
- The section clarifies that judicial proceedings encompass not only trials but also other legal stages like pre-trial investigations, enquiries, and actions taken by court-appointed officers.
- This ensures that even actions that occur outside of a courtroom but under the authority of the law are protected from false evidence.
Conclusion
Section 229 emphasizes the importance of truthfulness in legal proceedings and punishes the act of giving false evidence or fabricating evidence with substantial penalties, especially when it impacts judicial proceedings. The law extends its coverage to all stages of legal processes, not just formal court hearings, to maintain the integrity of justice and prevent the miscarriage of justice.
