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Section 236: False Statement Made in Declaration Receivable as 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 by which offence triable
Bailable
Non-Cognizable
Formerly Sec 199 IPC
Section 235 All 358 Sections of Bharatiya Nyaya Sanhita Section 237

Legal Commentary & Landmark Judgments: Section 236

Section 236 punishes making a false statement in any declaration which is by law receivable as evidence of any fact, knowing the statement to be false in a material point.

  • Admissible Declaration: A declaration by law receivable as evidence of any fact (such as a statutory declaration or affidavit).
  • False Statement: Contains a statement that is false in a material particular.
  • Mens Rea: The declarant knows the statement to be false, or does not believe it to be true.
Key Landmark Precedents:
  • Baban Singh v. Jagdish Singh AIR 1967 SC 68: The Supreme Court held that swearing a false affidavit in a high court proceeding constitutes an offence under Section 199 IPC / 236 BNS.
  • Dhananjay Sharma v. State of Haryana (1995) 3 SCC 757: Police officers who swore false counter-affidavits in habeas corpus proceedings were convicted for perjury and criminal contempt.
Courtroom Practice & Strategic Litigation Guidance:

Examine the verification clause of the declaration. An affidavit stating facts 'true to best of knowledge' where the affiant possessed direct contradictory documentary records proves the offence.

Section 235 All 358 Sections of Bharatiya Nyaya Sanhita Section 237