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Section 235: Using as True Certificate Known to Be False in Material Point

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
Bailable
Non-Cognizable
Formerly Sec 198 IPC
Section 234 All 358 Sections of Bharatiya Nyaya Sanhita Section 236

Legal Commentary & Landmark Judgments: Section 235

Section 235 penalises using as a true certificate any certificate known to be false in a material point, imposing the same punishment as if the user had signed or issued the false certificate.

  • False Certificate: A certificate known to be false in a material particular.
  • Use as Genuine: Corruptly tendering, presenting, or relying upon the certificate as true before any authority.
  • Fraudulent Knowledge: Knowing or having reason to believe that the certificate is spurious.
Key Landmark Precedents:
  • State of Maharashtra v. Budhikota Subbarao (1993) 3 SCC 339: Affirmed that presenting fabricated educational or professional credentials to obtain public office constitutes a completed offence.
  • Union of India v. M. Bhaskar (1996) 4 SCC 416: Held that candidates securing government employment using bogus caste or qualification certificates are liable to dismissal and criminal prosecution.
Courtroom Practice & Strategic Litigation Guidance:

Trace the chain of custody of the submitted document. Defence should show lack of knowledge if the document was prepared by an independent intermediary without the client's complicity.

Section 234 All 358 Sections of Bharatiya Nyaya Sanhita Section 236