Bharatiya Nyaya Sanhita, 2023
Section 233
Using evidence known to be false
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.
Why this exists
Fabricating false evidence and knowingly using it are treated as equally culpable acts, because the harm to justice comes from evidence being placed before a court, regardless of who created it versus who deployed it. This was earlier Section 196 of the Indian Penal Code, 1860, and it closes a loophole where a person could escape liability just by not being the original fabricator.
Common misconceptions
- Myth: Only the person who creates false evidence can be punished for it.
Fact: Anyone who knowingly uses false evidence as genuine faces the same punishment as the person who fabricated it.