Section 193 of the Bharatiya Nyaya Sanhita (BNS), 2023
πΉ Section 193 β Punishment for False Evidence
βοΈ Text Summary (Paraphrased for Simplicity)
Section 193 of the BNS, 2023 deals with the punishment for giving or fabricating false evidence.
In simpler terms:
If any person gives false evidence (i.e., lies under oath) in any stage of a judicial proceeding, or
Fabricates false evidence with the intention that it will be used in a judicial proceeding,
then that person shall be punished.
π§Ύ Breakdown of the Provision
β 1. Giving False Evidence:
If a person lies while under oath or affirmation in court (or any other legal proceeding), this is considered false evidence.
Example: A witness lies about what they saw in a criminal trial.
β 2. Fabricating False Evidence:
If a person creates false documents, manipulates objects, or arranges circumstances to mislead the court β it is fabrication.
Example: Faking a medical certificate to support a false claim.
β 3. Punishment:
In a judicial proceeding:
π Imprisonment up to 7 years + Fine
In other cases (not a judicial proceeding):
π Imprisonment up to 3 years + Fine
π Key Definitions (For Clarity)
Judicial Proceeding: Any stage of a legal case before a judge or magistrate (e.g., trials, inquiries).
False Evidence: Knowingly stating false facts or swearing lies under oath.
Fabricating Evidence: Creating or manipulating things or situations to mislead the court.
π¨ Intent Matters
The person must have knowingly or intentionally given or created false evidence.
If done accidentally or due to a genuine mistake, it may not attract punishment under this section.
π Example Scenarios
π΄ A witness lies in court to protect a friend β this is giving false evidence.
π Punishable under Section 193.
π΄ Someone fakes an email to falsely show they received threats β this is fabricating evidence.
π Also punishable under Section 193.
π’ Someone genuinely misremembers an event and gives incorrect testimony β this may not be punishable, as there is no intent to lie.
π― Purpose of Section 193
To protect the integrity of the judicial system.
To ensure people tell the truth under oath.
To prevent manipulation of justice through false claims or documents.
π Summary Table
| Situation | Punishment |
|---|---|
| False evidence in judicial proceeding | Up to 7 years imprisonment + fine |
| False evidence not in judicial proceeding | Up to 3 years imprisonment + fine |
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