Section 237 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 237 of the Bharatiya Sakshya Adhiniyam (BSA), 2023, deals with the offence of knowingly using a false declaration as if it were true. Here's a breakdown:
🧾 Section 237 – Using a Declaration Known to Be False
What it says
“Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.” (vidhijudicial.com)
Explanation
A declaration—i.e., a statement or statement form—that is inadmissible merely due to some formality (e.g., missing notarization but otherwise substantial) is still covered under this section. (vidhijudicial.com)
Key Elements (Penal ingredients):
Who uses or tries to use;
What is used—any such declaration;
Knowledge that it is false in a material aspect;
Corrupt intent in using it as true;
Punishment equates to that for giving false evidence in court.
🔍 Context & Related Sections
Section 236 defines false certificates similarly.
Sections 233 & 235 cover false evidence and false certificates, respectively, aligning the punishments. (cdtihyd.gov.in, vidhijudicial.com, thelegalquotient.com)
All these fall under offences punishable in the same way as providing fabricated or false evidence. (thelegalquotient.com)
✅ In Summary
If someone knowingly and corruptly presents a false declaration or statement in legal proceedings, Section 237 mandates punishment equivalent to perjury or false evidence. Informal defects (like formatting errors) do not absolve culpability if the declaration is false in substance.
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