Bharatiya Nyaya Sanhita, 2023
Section 229
Punishment for false evidence
(1) Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine which may extend to ten thousand rupees.
(2) Whoever intentionally gives or fabricates false evidence in any case other than that referred to in sub-section (1), shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine which may extend to five thousand rupees. Explanation 1.—A trial before a Court-martial is a judicial proceeding. Explanation 2.—An investigation directed by law preliminary to a proceeding before a Court, is a stage of a judicial proceeding, though that investigation may not take place before a Court. Illustration. A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence.
Explanation 3.—An investigation directed by a Court according to law, and conducted under the authority of a Court, is a stage of a judicial proceeding, though that investigation may not take place before a Court. Illustration. A, in an enquiry before an officer deputed by a Court to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given 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.