BNS Section 230 – Giving or fabricating false evidence with intent to procure conviction of capital offence
The Indian Penal Code (IPC) Section – 194
Understanding BNS-230: Giving or Fabricating False Evidence with Intent to Procure Conviction of Capital Offense
Providing or creating false evidence to secure a conviction for a capital offense is an extremely serious crime. BNS-230 is a legal provision that penalizes individuals who engage in such actions, especially when it leads to the conviction or execution of an innocent person. Let’s break this down in simple terms.
What is BNS-230?
BNS-230 is a law that punishes individuals who give or fabricate false evidence with the intent to cause someone to be convicted of a capital offense. If an innocent person is convicted and executed as a result, the punishment can be even more severe, including the death penalty.
Key Elements of BNS-230
To understand this law, let’s look at its main components:
| Element | Description |
|---|---|
| False Evidence | The person must intentionally give or fabricate false evidence. |
| Intent to Convict | The false evidence must be intended to cause a conviction for a capital offense. |
| Capital Offense | The offense in question must be punishable by death under Indian law. |
| Innocent Person Convicted | If an innocent person is convicted and executed due to the false evidence, the punishment becomes even more severe. |
Types of Offenses and Punishments
BNS-230 covers two scenarios with different penalties:
Sub-section (1): False Evidence to Procure Conviction
| Punishment | Details |
|---|---|
| Imprisonment | Life imprisonment or rigorous imprisonment for up to 10 years. |
| Fine | Up to ₹50,000. |
Sub-section (2): Innocent Person Convicted and Executed
| Punishment | Details |
|---|---|
| Death Penalty | The person may be sentenced to death. |
| Alternative Punishment | Life imprisonment or rigorous imprisonment for up to 10 years and a fine of up to ₹50,000. |
Legal Procedure for BNS-230
Here’s how the legal process works for this offense:
| Aspect | Details |
|---|---|
| Cognizable or Non-cognizable | Non-cognizable (police cannot arrest without a warrant). |
| Bailable or Non-bailable | Non-bailable (the accused cannot easily seek bail). |
| Court Jurisdiction | The case is tried by a Court of Session. |
Why is BNS-230 Important?
This law is crucial for the following reasons:
- Prevents Miscarriage of Justice: It ensures that individuals are not wrongfully convicted of capital offenses due to false evidence.
- Deters Malicious Acts: It discourages individuals from fabricating or providing false evidence to harm others.
- Protects Innocent Lives: It safeguards innocent individuals from being convicted and executed due to false evidence.
Key Takeaways
- BNS-230 applies to individuals who intentionally give or fabricate false evidence to cause a conviction for a capital offense.
- The offense is divided into two scenarios: false evidence leading to a conviction and false evidence leading to the execution of an innocent person.
- Punishment varies:
- For false evidence: Life imprisonment, rigorous imprisonment up to 10 years, and a fine of up to ₹50,000.
- If an innocent person is executed: Death penalty or life imprisonment, rigorous imprisonment up to 10 years, and a fine of up to ₹50,000.
- The case is non-cognizable, non-bailable, and tried by a Court of Session.
Example Scenario
Let’s take an example to understand this better:
- Case (Sub-section 1): A person fabricates evidence to falsely implicate someone in a murder case, knowing it could lead to a death sentence.
- Outcome: The person can face life imprisonment, rigorous imprisonment up to 10 years, and a fine of up to ₹50,000.
- Case (Sub-section 2): An innocent person is convicted and executed based on false evidence provided by someone.
- Outcome: The person who provided the false evidence can face the death penalty or life imprisonment, rigorous imprisonment up to 10 years, and a fine of up to ₹50,000.
Final Thoughts
BNS-230 is an important law that ensures the integrity of the justice system by penalizing false evidence in capital offense cases. If you ever come across someone intentionally providing or creating false evidence to harm others, remember that the law is there to address such misconduct.
