(1) Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital by the law for the time being in force in India shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to a fine which may extend to fifty thousand rupees.
(2) If an innocent person be convicted and executed in consequence of false evidence referred to in sub-section (1), the person who gives such false evidence shall be punished either with death or the punishment specified in sub-section (1).
Simplified Explanation
Section 230 of the Bharatiya Nyaya Sanhita, 2023 deals with the punishment for giving or fabricating false evidence with the intent to cause the conviction of a person for a capital offence. The law specifically addresses the grave consequences of wrongful convictions, particularly when false evidence leads to the conviction of someone for a capital offence (an offence punishable by death or life imprisonment).
Key Provisions of Section 230
1. Punishment for False Evidence with Intent to Cause Conviction of Capital Offence (Sub-section 1)
- False evidence to convict for a capital offence: If a person gives or fabricates false evidence with the intention of causing, or knowing that it is likely to cause, the conviction of any individual for a capital offence (an offence punishable by death or life imprisonment), the punishment is severe.
- Imprisonment: The individual shall be punished with:
- Life imprisonment, or
- Rigorous imprisonment for up to ten years.
- Fine: The person shall also be liable to a fine, which may extend up to fifty thousand rupees.
2. Punishment if an Innocent Person is Executed (Sub-section 2)
- Execution of an innocent person: If an innocent person is convicted and executed as a result of the false evidence given under sub-section (1), the punishment becomes even more severe.
- Death penalty or life imprisonment: The individual who gave or fabricated the false evidence shall be punishable with:
- Death, or
- The punishment specified in sub-section (1) (which includes life imprisonment or rigorous imprisonment for up to ten years).
Explanation and Implications
Capital Offence:
A capital offence is one that is punishable by death or life imprisonment under the laws of India. These include serious crimes such as murder, terrorism, or certain cases of kidnapping, rape, and treason. The law is particularly severe in the case of false evidence that may lead to such convictions because of the irreversible nature of the punishment in capital cases, especially when it involves the death penalty.
False Evidence with Intent to Convict:
This section specifically targets intentional false evidence fabricated to wrongfully convict someone of a crime punishable by death or life imprisonment. The law recognizes the gravity of the miscarriage of justice in such cases and prescribes severe punishments to deter such actions.
Execution of Innocent Person:
If an innocent person is wrongly convicted and executed due to false evidence, the law takes the utmost grave view of this situation. In such cases, the person responsible for fabricating or giving false evidence faces the death penalty or life imprisonment, emphasizing the irreversible consequences of wrongful convictions in capital punishment cases.
Conclusion
Section 230 reinforces the seriousness of providing false evidence in judicial proceedings, particularly when the intention is to cause a wrongful conviction for a capital offence. The law imposes severe penalties, including life imprisonment, rigorous imprisonment, or even death, in cases where false evidence leads to an innocent person being convicted and executed. The section ensures accountability for those who deliberately seek to misuse legal processes to cause grave injustice.
