BNS Section 236 – False statement made in declaration which is by law receivable as evidence
The Indian Penal Code (IPC) Section – 199
Understanding BNS-236: False Statement Made in Declaration Receivable as Evidence
Making a false statement in a declaration that is legally admissible as evidence is a serious offense. BNS-236 is a legal provision that penalizes individuals who knowingly make such false statements. Let’s break this down in simple terms.
What is BNS-236?
BNS-236 is a law that punishes individuals who knowingly make false statements in a declaration that is legally admissible as evidence. The punishment is the same as for giving false evidence.
Key Elements of BNS-236
To understand this law, let’s look at its main components:
| Element | Description |
|---|---|
| False Statement | The person must make a false statement in a declaration. |
| Legal Admissibility | The declaration must be legally admissible as evidence. |
| Material Point | The false statement must relate to a point material to the purpose of the declaration. |
| Knowledge | The person must know or believe the statement to be false or not believe it to be true. |
Punishment Under BNS-236
If someone is found guilty of this offense, they can face the following punishments:
| Punishment | Details |
|---|---|
| Same as Giving False Evidence | The offender will be punished as if they had given false evidence. |
Legal Procedure for BNS-236
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 | Bailable (the accused can seek bail). |
| Court Jurisdiction | The case is tried by the court that has jurisdiction over the offense of giving false evidence. |
Why is BNS-236 Important?
This law is crucial for the following reasons:
- Ensures Integrity: It ensures the integrity of legal and administrative processes by penalizing false statements in declarations.
- Prevents Fraud: It discourages individuals from making false statements to mislead or deceive.
- Protects Public Trust: It maintains public trust in the justice system by ensuring that declarations are truthful and accurate.
Key Takeaways
- BNS-236 applies to individuals who knowingly make false statements in a declaration that is legally admissible as evidence.
- The punishment is the same as for giving false evidence.
- The case is non-cognizable, bailable, and tried by the court that has jurisdiction over the offense of giving false evidence.
Example Scenario
Let’s take an example to understand this better:
- Case: A person makes a false statement in an affidavit submitted to a court, knowing that the statement is untrue.
- Outcome: The person can face the same punishment as for giving false evidence, which could include imprisonment and a fine.
Final Thoughts
BNS-236 is an important law that ensures the integrity of legal and administrative processes by penalizing false statements in declarations. If you ever come across someone knowingly making false statements in a declaration, remember that the law is there to address such misconduct.
For specific legal advice or assistance, consult a qualified lawyer.
