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 by the law for the time being in force in India is not capital, but punishable with imprisonment for life, or imprisonment for a term of seven years or upwards, 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 thereby to cause Z to be convicted of a dacoity. The punishment of dacoity is imprisonment for life, 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.
Simplified Explanation
Section 231 of the Bharatiya Nyaya Sanhita, 2023 deals with the punishment for giving or fabricating false evidence with the intent to cause the conviction of an individual for an offence that is punishable by imprisonment for life or a term of seven years or more. Unlike capital offences (which are punishable by death), this section pertains to serious offences that involve long-term imprisonment but are not punishable by death.
Key Provisions of Section 231
Punishment for False Evidence with Intent to Cause Conviction (Sub-section)
- False evidence to convict for serious offences: If a person gives or fabricates false evidence intending to cause or knowing that it is likely to cause a conviction of someone for an offence that is punishable by:
- Imprisonment for life, or
- Imprisonment for a term of seven years or more,
- the person responsible for giving or fabricating such false evidence shall be punished as if they were convicted of the offence for which the false evidence was intended to cause conviction.
Illustration
- Example of Dacoity:
A gives false evidence intending to cause Z to be convicted of dacoity, which is punishable with imprisonment for life, or rigorous imprisonment for a term that may extend to ten years, with or without a fine. In this case, A would be punished as though A were convicted of dacoity, which means A could face imprisonment for life, or rigorous imprisonment for a term of up to ten years, with or without a fine.
Explanation and Implications
Serious Offences (Non-Capital):
This section is aimed at serious offences that are punishable with a term of imprisonment for life or longer than seven years but are not classified as capital offences (which carry the death penalty). These could include crimes such as rape, dacoity, kidnapping, terrorism, or other offences punishable with long-term imprisonment.
Punishment as if Convicted of the Same Offence:
The law treats the person giving or fabricating false evidence as if they themselves committed the offence for which the false evidence was intended to secure a conviction. This approach ensures that individuals who knowingly fabricate evidence to wrongfully convict someone of a serious crime are subject to severe punishment.
Conclusion
Section 231 focuses on the severe consequences for fabricating or giving false evidence with the intent to wrongfully convict someone for a serious offence that is punishable by long imprisonment (life imprisonment or more than seven years). The law imposes a harsh penalty, treating the person who fabricates false evidence as if they had been convicted of the same crime. This is designed to deter misuse of the legal system and protect against wrongful convictions for serious offences.