Section 233 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 233 of the Bharatiya Sakshya Adhiniyam, 2023 (which aligns with the earlier draft of the Bharatiya Nyaya Sanhita) addresses the offence of using evidence known to be false:
📜 Section 233 – “Using evidence known to be false”
Offence
Anyone who corruptly uses—or attempts to use—as genuine in any proceeding any evidence they know is false or fabricated is guilty of an offence (drishtijudiciary.com).
Punishment
The punishment is the same as for giving or fabricating false evidence (drishtijudiciary.com).
Key Legal Terms
Corruptly: Implies intent to deceive or mislead a court.
Evidence: Includes both documents and any material presented to support a case.
False or fabricated: Knowingly untrue or created with intent to mislead.
⚖️ Implications
| Aspect | Details |
|---|---|
| Who can be punished? | Any party, lawyer, witness, or even a private person who introduces or tries to introduce false evidence. |
| When does it apply? | During any judicial proceeding—civil or criminal—where false evidence is offered or attempted to be offered. |
| Legal consequences | The accused faces the same penalty as if they had directly given or fabricated false evidence, which may include imprisonment or fines depending on other provisions. |
🧩 Contextual Overview
Section 233 is grouped with other offences related to false evidence or certificates—see Sections 234–237—which collectively ensure integrity in legal processes
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