BNS Section 231 – Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
The Indian Penal Code (IPC) Section – 195
Understanding BNS-231: Giving or Fabricating False Evidence with Intent to Procure Conviction of Offense Punishable with Imprisonment for Life or Imprisonment
Providing or creating false evidence to secure a conviction for a serious offense punishable by life imprisonment or imprisonment for seven years or more is a grave crime. BNS-231 is a legal provision that penalizes individuals who engage in such actions. Let’s break this down in simple terms.
What is BNS-231?
BNS-231 is a law that punishes individuals who give or fabricate false evidence with the intent to cause someone to be convicted of an offense punishable by life imprisonment or imprisonment for seven years or more. The punishment for the offender is the same as that for the offense they tried to implicate the other person in.
Key Elements of BNS-231
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 serious offense. |
Serious Offense | The offense in question must be punishable by life imprisonment or imprisonment for seven years or more. |
Punishment Under BNS-231
If someone is found guilty of this offense, they can face the following punishments:
Punishment | Details |
---|---|
Same as the Offense | The offender will be punished as if they were convicted of the offense they tried to implicate the other person in. |
Legal Procedure for BNS-231
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-231 Important?
This law is crucial for the following reasons:
- Prevents Miscarriage of Justice: It ensures that individuals are not wrongfully convicted of serious 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 of serious crimes due to false evidence.
Key Takeaways
- BNS-231 applies to individuals who intentionally give or fabricate false evidence to cause a conviction for an offense punishable by life imprisonment or imprisonment for seven years or more.
- The punishment for the offender is the same as that for the offense they tried to implicate the other person in.
- 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: A person fabricates evidence to falsely implicate someone in a robbery case, knowing that robbery is punishable by imprisonment for up to 10 years.
- Outcome: The person can face imprisonment for up to 10 years, the same punishment as for robbery.
Final Thoughts
BNS-231 is an important law that ensures the integrity of the justice system by penalizing false evidence in serious criminal 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.