Section 228: Fabricating False Evidence

Bharatiya Nyaya Sanhita • Chapter XII: Of Contempts of Lawful Authority of Public Servants • Official Statutory Text & Legal Guide

Chapter XII: Of Contempts of Lawful Authority of Public Servants
Court in which offence committed / Magistrate 1st Class
Bailable
Non-Cognizable
Formerly Sec 192 IPC

Legal Commentary & Landmark Judgments: Section 228

Section 228 defines the offence of fabricating false evidence, covering the creation of false circumstances, false documents, or electronic records with intent to cause erroneous judicial or official opinions.

  • Creation of False Record: Causing any circumstance to exist, or making any false document or electronic record, or making a false statement.
  • Intended Context: With intention that it may appear in evidence in a judicial proceeding, or before a public servant or arbitrator.
  • Erroneous Judicial Opinion: Intended to cause a judicial or public officer to entertain an erroneous opinion on a material point.
Key Landmark Precedents:
  • Iqbal Singh Marwah v. Meenakshi Marwah (2005) 4 SCC 370: The Constitution Bench held that Section 195(1)(b) CrPC applies only when forgery/fabrication is committed in respect of a document after it has been produced in court custody, not prior to production.
  • Sachida Nand Singh v. State of Bihar (1998) 2 SCC 493: Clarified that a private complaint is maintainable where false evidence or forged documents were manufactured before institution of proceedings in court.
Courtroom Practice & Strategic Litigation Guidance:

Identify whether the fabrication occurred prior to filing (cognizable on private complaint) or while in custodia legis (requiring a Section 379 BNSS / Section 340 CrPC complaint by the presiding judge).