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Section 230: Giving False Evidence to Cause Conviction of Capital Offence

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 of Session
Non-Bailable
Non-Cognizable
Formerly Sec 194 IPC
Section 229 All 358 Sections of Bharatiya Nyaya Sanhita Section 231

Legal Commentary & Landmark Judgments: Section 230

Section 230 prescribes severe punishment (up to life imprisonment or death if an innocent person is executed) for giving or fabricating false evidence intending or knowing it to be likely to cause any person to be convicted of a capital offence.

  • Capital Charge Context: Giving or fabricating false evidence in a trial where the offence is punishable with death under the BNS.
  • Malicious Intent: Intending to cause, or knowing it likely to cause, conviction of the accused.
  • Aggravated Consequence: If an innocent person is convicted and executed in consequence, the fabricator may be sentenced to death.
Key Landmark Precedents:
  • State of Gujarat v. Kishanbhai (2014) 5 SCC 108: The Supreme Court directed that where investigating officers or witnesses deliberately plant false evidence to secure capital convictions, they must be prosecuted under aggravated perjury laws.
  • Babu v. State of Kerala (2010) 9 SCC 189: Emphasised that capital sentencing demands infallible evidence; planted recoveries or fabricated eyewitness testimonies warrant severe penal inquiry against perpetrators.
Courtroom Practice & Strategic Litigation Guidance:

In capital cases where forensic planting or fabricated panchnamas are exposed, defence should immediately move the trial court under Section 379 BNSS seeking committal of the perjurers under Section 230.

Section 229 All 358 Sections of Bharatiya Nyaya Sanhita Section 231