Section 233 BNS: Using in Judicial Proceeding Evidence Known to Be False (Formerly Section 196 IPC)

Section 233: Using in Judicial Proceeding Evidence Known to Be False

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 by which offence triable

According as giving false evidence is bailable

Non-Cognizable

Formerly Sec 196 IPC

Section 233 of Bharatiya Nyaya Sanhita: Using in Judicial Proceeding Evidence Known to Be False

Official Bare Act Text

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

Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.

Legal Commentary & Landmark Judgments: Section 233

Section 233 penalises using or attempting to use evidence known to be false or fabricated, treating the user with the same severity as the actual fabricator.

Use in Proceeding: Tendering, producing, or relying upon evidence in any judicial or legal proceeding.
Knowledge of Falsity: The person knows or has reason to believe that the evidence is false, forged, or fabricated.
Corrupt Purpose: Using such tainted evidence corruptly to obtain an unlawful judicial advantage.

Key Landmark Precedents:

Afzal v. State of Haryana (1996) 7 SCC 397: The Supreme Court held that filing false affidavits and forged documents before the Apex Court constitutes both criminal contempt and an offence under Section 196 IPC / 233 BNS.
M.S. Ahlawat v. State of Haryana (2000) 1 SCC 278: Held that relying on forged or manipulated documents in judicial proceedings requires prosecution following due procedure under Section 195 CrPC.

Courtroom Practice & Strategic Litigation Guidance:

In litigation, if an opposite party tenders a forged contract, will, or receipt, file an objection under Section 379 BNSS before final arguments to trigger a judicial inquiry.