सं Samvidhan

Bharatiya Nyaya Sanhita, 2023

Section 229

Punishment for false evidence

Why this exists

This provision continues the long-standing principle (from the old Indian Penal Code Section 191-193) that the justice system depends on truthful testimony and genuine evidence. Since courts often cannot independently verify facts, they rely heavily on witnesses and evidence being honest. Lying under oath or fabricating evidence corrupts the fact-finding process and can lead to wrongful convictions or acquittals, so the law imposes criminal penalties to deter such conduct.

How courts read it

Indian courts, interpreting the predecessor provisions under the IPC, have held that mere contradictions or inconsistencies in testimony do not automatically amount to false evidence — there must be clear intent to deceive. Courts have also clarified that departmental or administrative inquiries not backed by judicial authority do not qualify as 'judicial proceedings' under this section, distinguishing them from court-martial or court-directed investigations, which do qualify as explained in Explanations 1 and 3.

Common misconceptions
  • Myth: You can only be punished for lying if you're the accused in a case.
    Fact: This law applies to anyone giving evidence — including witnesses — who lies intentionally during a judicial proceeding.
  • Myth: Only lies spoken in the courtroom count as 'false evidence.'
    Fact: Even fabricating documents or manipulating evidence outside the courtroom, if meant to be used in a judicial proceeding, counts under this section.
  • Myth: Any inquiry ordered by an official counts as a 'judicial proceeding.'
    Fact: Only investigations directed by law or by a court, and conducted under court authority, qualify — not all administrative inquiries.