BNS Section 228 – Fabricating false evidence
The Indian Penal Code (IPC) Section – 192
Understanding BNS-228: Fabricating False Evidence
Creating false evidence to mislead judicial or legal proceedings is a serious offense. BNS-228 is a legal provision that penalizes individuals who fabricate false evidence with the intent to influence the outcome of a case. Let’s break this down in simple terms.
What is BNS-228?
BNS-228 is a law that punishes individuals who create or manipulate circumstances, documents, or records to produce false evidence. This ensures the integrity of legal proceedings and prevents the misuse of evidence.
Key Elements of BNS-228
To understand this law, let’s look at its main components:
| Element | Description |
|---|---|
| Fabrication of Evidence | The person must create false circumstances, entries, or documents. |
| Intent to Mislead | The false evidence must be created with the intent to influence a judicial or legal proceeding. |
| Material Impact | The false evidence must be capable of causing an erroneous opinion on a material point in the proceeding. |
Punishment Under BNS-228
If someone is found guilty of this offense, they can face the following punishments:
| Punishment | Details |
|---|---|
| Imprisonment | Up to 7 years. |
| Fine | A monetary penalty may be imposed. |
Legal Procedure for BNS-228
Here’s how the legal process works for this offense:
| Aspect | Details |
|---|---|
| Cognizable or Non-cognizable | Cognizable (police can arrest without a warrant). |
| Bailable or Non-bailable | Non-bailable (the accused cannot easily seek bail). |
| Court Jurisdiction | The case is tried by a Magistrate of the first class. |
Why is BNS-228 Important?
This law is crucial for the following reasons:
- Ensures Integrity: It ensures the integrity of legal proceedings by penalizing the creation of false evidence.
- Prevents Misuse: It discourages individuals from manipulating evidence to influence the outcome of a case.
- Protects Justice: It safeguards the justice system by ensuring that decisions are based on truthful and accurate evidence.
Key Takeaways
- BNS-228 applies to individuals who fabricate false evidence to influence judicial or legal proceedings.
- The offense involves intentionally creating false circumstances, entries, or documents.
- Punishment includes up to 7 years imprisonment and a fine.
- The case is cognizable, non-bailable, and tried by a Magistrate of the first class.
Example Scenario
Let’s take an example to understand this better:
- Case: A person plants stolen goods in another person’s house to create false evidence of theft.
- Outcome: The person can face up to 7 years imprisonment and a fine.
Final Thoughts
BNS-228 is an important law that ensures the integrity of legal proceedings by penalizing the fabrication of false evidence. If you ever come across someone creating false evidence, remember that the law is there to address such misconduct.
