Whoever, in any declaration made or subscribed by him, which declaration any Court or any public servant or other person is bound or authorized by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.
Simplified Explanation
Section 236 addresses the offense of making false statements in declarations that are legally recognized as evidence. These declarations could be made before a Court, a public servant, or any other person authorized by law to receive them as evidence. The section criminalizes false statements made in such declarations, especially when the individual knows or believes that the statement is false or does not believe it to be true.
Key Provisions of Section 236
False Statement in Legally Recognized Declarations
- A declaration is a formal statement or affirmation that is made under oath or is intended to be received as evidence by a Court, public servant, or authorized person.
- If an individual knowingly or recklessly makes a false statement in such a declaration, they are committing an offense.
- The statement must relate to a material point that is relevant to the object or purpose for which the declaration is made.
Punishment
- If the false statement is made in a legally recognized declaration, the individual will be punished in the same way as if they had given false evidence.
- This implies that the punishment for making a false statement in such a declaration is severe and includes imprisonment, fines, or both, as outlined for false evidence.
Explanation and Implications
Legally Recognized Declarations
Declarations can serve as an important source of evidence in both civil and criminal cases. A person may be required to make declarations for a variety of reasons, such as:
- Affidavits submitted in legal proceedings.
- Statements made in administrative procedures.
- Oaths or affirmations taken in legal matters.
These declarations are treated as evidence by the Court, and any false information within them can lead to a miscarriage of justice. For example, if a person makes a false declaration about a property or an event in an affidavit, that false statement could have significant consequences for the outcome of a case.
Material Point and Intention
The false statement must be material to the objective of the declaration, meaning it must relate directly to the issue at hand in the legal proceeding. Additionally, the person making the false statement must have knowledge of its falsity or be aware that it is not true.
- Example: If a person falsely declares under oath that a certain document is their signature when they know it is not, they are providing false evidence through the declaration.
Equivalence to False Evidence
The punishment for making false statements in a declaration is treated in the same way as giving false evidence in Court. This is because both actions involve an intentional effort to deceive the judicial or administrative process. The consequences for false declarations can be severe as they compromise the integrity of the proceedings.
Prevention of Deceptive Practices
This provision is aimed at preventing abuse of the legal system through false declarations. It ensures that any statement made under oath or in a legal context is truthful, and it penalizes anyone who tries to manipulate the system by making false statements.
Conclusion
Section 236 of the Bharatiya Nyaya Sanhita, 2023 criminalizes the act of making false statements in legally recognized declarations that are intended to be received as evidence in legal or administrative proceedings. The section seeks to maintain the integrity of the legal system by treating false declarations with the same severity as false evidence, thereby deterring individuals from attempting to mislead authorities or Courts through dishonesty in declarations.
