Section 213 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 213 – Bharatiya Sakshya Adhiniyam (BSA), 2023
Textual Essence (Simplified)
Section 213 deals with the offense of providing false testimony or statements under oath during judicial or investigative proceedings.
In essence:
Any person who deliberately gives false information, lies, or conceals facts while under oath or affirmation before a court, tribunal, or authorized investigating authority commits an offense.
The section emphasizes truthfulness and reliability of testimonies in legal proceedings.
Purpose of Section 213
Protect Integrity of Judicial Process:
Ensures that courts and investigative authorities receive accurate and truthful information.
Deter Perjury:
Penalizes witnesses or other individuals who attempt to mislead the court or investigators.
Maintain Public Trust:
Reinforces the principle that testimony under oath is legally binding and lies can have serious consequences.
Key Elements of the Offense
To prosecute under Section 213, the following elements must be established:
Person is Under Oath or Affirmation:
Witnesses, experts, or document custodians must have been sworn in or legally bound to tell the truth.
Deliberate Falsehood or Concealment:
Includes lying, misrepresenting facts, or deliberately withholding important information.
Knowledge and Intent (Mens Rea):
The person must know that the statement is false and intend to mislead authorities.
Relevance:
False statements must relate to facts material to the proceedings.
Penalties Under Section 213
Imprisonment: Typically ranges from 2 to 5 years depending on severity.
Fine: Can also be imposed to discourage false testimony.
Enhanced Penalty: If false testimony leads to wrongful conviction, acquittal, or miscarriage of justice, punishment may increase.
Examples of Conduct Covered
False Testimony:
A witness deliberately lies about seeing a suspect at the crime scene.
Concealment of Facts:
A witness intentionally omits critical details that could affect the outcome of a case.
False Expert Report:
An expert provides misleading forensic evidence to support one side.
Documentary Lies:
Submitting false documents or certificates to mislead the court or investigators.
Illustrative Scenario
During a criminal trial, a witness under oath claims that they were at a different location during the time of a crime, while in reality they were present.
Application of Section 213:
The witness knowingly provided false testimony under oath.
Punishable with imprisonment of 2–5 years and fines.
Comparison with Earlier Law
| Aspect | Earlier Law | BSA Section 213 |
|---|---|---|
| Focus | Perjury under IPC 191 | Broader: includes all false statements under oath in judicial or investigative proceedings |
| Penalties | Variable | Clear imprisonment (2–5 years) + fines |
| Scope | Oral testimony mainly | Includes oral, documentary, and expert statements |
| Intent | Implied | Explicit: knowledge and intent to mislead required |
Practical Impact
Enhances Judicial Integrity: Courts can rely on the credibility of witnesses and experts.
Discourages Misrepresentation: Individuals are deterred from lying or withholding key facts.
Covers Modern Evidence: Includes both traditional oral testimony and digital/documentary submissions.
Supports Fair Trials: Ensures that justice is not obstructed by false statements.
✅ Summary
Section 213 of BSA, 2023:
Offense: Giving false testimony or statements under oath with intent to mislead.
Key Elements: Person under oath, deliberate falsehood or concealment, intent to mislead, material relevance.
Penalty: 2–5 years imprisonment + fine; higher if leading to miscarriage of justice.
Purpose: Protect judicial integrity, deter perjury, and maintain fairness in legal proceedings.
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