Section 229 BNS: Intentionally Giving or Fabricating False Evidence in Judicial Proceeding (Formerly Section 193 (Perjury) IPC)

Section 229 of Bharatiya Nyaya Sanhita: Intentionally Giving or Fabricating False Evidence in Judicial Proceeding

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Illustrations

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.

Illustrations

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.

Legal Commentary & Landmark Judgments: Section 229

Section 229 penalises intentionally giving or fabricating false evidence in any stage of a judicial proceeding, or in any other case, serving as the foundational perjury provision of the BNS.

Judicial or Official Proceeding: Giving evidence or fabricating records in a judicial proceeding, or before any lawful tribunal.
Intentional Falsity: The witness knows the testimony or deposition to be false, or does not believe it to be true.
Material Point: The false statement must relate to a material question bearing on the decision.

Key Landmark Precedents:

Pritish v. State of Maharashtra (2002) 1 SCC 253: The Supreme Court held that the purpose of a preliminary inquiry under Section 340 CrPC (Section 379 BNSS) is not to decide guilt, but merely to satisfy the court whether it is expedient in the interests of justice to prosecute.
Perumal v. Janaki (2014) 5 SCC 377: Held that perjury prosecutions should not be initiated routinely for trivial contradictions, but only when deliberate falsehood is spoken to subvert justice.

Courtroom Practice & Strategic Litigation Guidance:

Before filing a Section 379 BNSS perjury application, counsel must prove that: (1) the witness made two directly irreconcilable statements on oath; (2) the falsehood was deliberate; and (3) prosecution is expedient in the interest of justice.

Section 229: Intentionally Giving or Fabricating False Evidence in Judicial Proceeding

Section 229 of Bharatiya Nyaya Sanhita: Intentionally Giving or Fabricating False Evidence in Judicial Proceeding

Legal Commentary & Landmark Judgments: Section 229