Justice cannot be fooled

Truth is the foundation of justice. When people lie in court or create false evidence, it does not just harm one person, it weakens the entire justice system. The Bharatiya Nyaya Sanhita, 2023 (BNS) has provisions to deal with false evidence and offences that disturb the course of public justice. These provisions make sure that those who try to mislead judges, hide the truth, or obstruct justice are held responsible. In simple words, the law says that no one should use lies, tricks, or unfair means to play with justice.

What does it mean to give false evidence?

If a person is legally bound by oath or law to tell the truth but makes a false statement, knowing it is false, believing it to be false, or not believing it to be true then that person is said to give false evidence.

What does it mean to fabricate false evidence?

If a person creates a false situation, makes a false entry in a record, or prepares a false document/electronic record with the intention that it will be used in a court case or other legal proceeding to mislead the judge, public servant, or arbitrator into forming a wrong opinion, then that person is said to fabricate false evidence.

What is the punishment for giving or fabricating false evidence in court cases?

(a)
If it is done during a court case or judicial proceeding: imprisonment up to 7 years and fine up to Rs. 10,000.

(b)
If it is done in any other situation: imprisonment up to 3 years and fine up to Rs. 5,000.

What if someone gives or fabricates false evidence to get another person convicted of an offence punishable by death?

(a)
That person can be punished with life imprisonment, or rigorous imprisonment up to 10 years, and a fine up to Rs. 50,000.

(b)
If an innocent person is wrongly convicted and executed because of such false evidence, then the one who gave it can be punished with death or the punishment mentioned above.

What if someone gives or fabricates false evidence to get another person convicted of a crime punishable with life imprisonment or imprisonment of 7 years or more?

That person will be punished in the same way as the person convicted of that crime would have been punished.

What if someone threatens another person to give false evidence?

(a)
Such a person can be punished with imprisonment up to 7 years, or fine, or both.

(b)
If an innocent person is wrongly convicted and sentenced to death or imprisonment of more than 7 years because of this false evidence, then the person who gave the threat will be punished with the same punishment as the innocent person received.

What if someone knowingly uses false evidence as if it were true?

They will be punished in the same way as if they had themselves given or fabricated false evidence.

What if someone issues or signs a false certificate?

If a person knowingly issues or signs a false certificate which the law accepts as evidence, they will be punished as if they gave false evidence.

What if someone knowingly uses a false certificate as genuine?

They will also be punished in the same way as if they gave false evidence.

What if someone makes a false statement in a legal declaration that can be used as evidence?

They will be punished in the same way as if they gave false evidence.

What if someone knowingly uses such a false declaration as true?

They will also be punished in the same way as if they gave false evidence.

What if someone hides or destroys evidence, or gives false information, to save an offender?

(a)
If the crime is punishable with death: imprisonment up to 7 years and fine.

(b)
If the crime is punishable with life imprisonment or imprisonment up to 10 years: imprisonment up to 3 years and fine.

(c)     If the crime is punishable with imprisonment less than 10 years: imprisonment up to one-fourth of the maximum term of that crime, or fine, or both.

What if a person who is legally bound to give information about an offence intentionally does not do so?

They can be punished with imprisonment up to 6 months, or fine up to Rs. 5,000, or both.

What if someone gives false information about an offence?

They can be punished with imprisonment up to 2 years, or fine, or both.

What if someone destroys or hides a document/electronic record to prevent it from being used as evidence?

They can be punished with imprisonment up to 3 years, or fine up to Rs. 5,000, or both.

What if someone pretends to be another person in a court case or criminal case?

They can be punished with imprisonment up to 3 years, or fine, or both.

What if someone fraudulently hides, removes, or transfers property to stop it from being seized by a court order or fine?

They can be punished with imprisonment up to 3 years, or fine up to Rs. 5,000, or both.

What if someone fraudulently claims property to prevent its seizure by court order?

They can be punished with imprisonment up to 2 years, or fine, or both.

What if someone fraudulently allows a false decree or order against themselves for money or property not due?

They can be punished with imprisonment up to 2 years, or fine, or both.

What if someone dishonestly makes a false claim in court?

They can be punished with imprisonment up to 2 years, and fine.

What if someone fraudulently obtains a decree for money or property not due?

They can be punished with imprisonment up to 2 years, or fine, or both.

What if someone falsely charges another person with an offence to cause injury?

(a)     For normal false charges: imprisonment up to 5 years, or fine up to Rs. 2,00,000, or both.

(b)
If the false charge is for a serious offence (death penalty, life imprisonment, or imprisonment of 10 years or more): imprisonment up to 10 years and fine.

What if someone harbours or hides an offender to protect them from punishment?

(a)
If the offence is punishable with death: imprisonment up to 5 years and fine.

(b)
If punishable with life imprisonment or up to 10 years: imprisonment up to 3 years and fine.

(c)
If punishable with less than 10 years: imprisonment up to one-fourth of the maximum term, or fine, or both.

What if someone takes money or property to conceal an offence or save an offender from punishment?

(a)
If the offence is punishable with death: imprisonment up to 7 years and fine.

(b)
If punishable with life imprisonment or up to 10 years: imprisonment up to 3 years and fine.

(c)
If punishable with less than 10 years: imprisonment up to one-fourth of the maximum term, or fine, or both.

What if someone takes money under the excuse of helping to recover stolen property, but does not help catch the thief?

They can be punished with imprisonment up to 2 years, or fine, or both.

What if someone harbours an offender who escaped from custody or is ordered to be arrested?

(a)
If the offence is punishable with death: imprisonment up to 7 years and fine.

(b)
If punishable with life imprisonment or 10 years: imprisonment up to 3 years, with or without fine.

(c)
If punishable with less than 10 years: imprisonment up to one-fourth of the maximum term, or fine, or both.

What if someone harbours robbers or dacoits?

They can be punished with rigorous imprisonment up to 7 years and fine.

What if a public servant knowingly disobeys the law to save a person from punishment or property from forfeiture?

They can be punished with imprisonment up to 2 years, or fine, or both.

What if a public servant prepares an incorrect record or writing to save a person from punishment or property from forfeiture?

They can be punished with imprisonment up to 3 years, or fine, or both.

What if a public servant corruptly makes a false report, order, verdict, or decision in a judicial proceeding?

They can be punished with imprisonment up to 7 years, or fine, or both.

What if a person in authority wrongly commits or keeps someone in confinement knowing it is against law?

They can be punished with imprisonment up to 7 years, or fine, or both.

What if a public servant intentionally allows a person who should be arrested or confined to escape?

(a)
If the person was charged with a crime punishable with death: imprisonment up to 7 years, with or without fine.

(b)
If punishable with life imprisonment or up to 10 years: imprisonment up to 3 years, with or without fine.

(c)
If punishable with less than 10 years: imprisonment up to 2 years, with or without fine.

What if a public servant allows escape of a person already sentenced by a court?

(a)
If the sentence was death: punishment can be life imprisonment or imprisonment up to 14 years.

(b)
If the sentence was life imprisonment or 10 years or more: imprisonment up to 7 years, with or without fine.

(c)
If the sentence was less than 10 years or lawful custody: imprisonment up to 3 years, or fine, or both.

What if a public servant negligently allows a prisoner to escape?

They can be punished with simple imprisonment up to 2 years, or fine, or both.

What if a person resists or obstructs their own lawful arrest, or escapes from custody?

They can be punished with imprisonment up to 2 years, or fine, or both.

What if a person resists or obstructs the lawful arrest of another person, or rescues them?

(a)
Normal case: imprisonment up to 2 years, or fine, or both.

(b)
If the person was charged with a crime punishable with life imprisonment or up to 10 years: imprisonment up to 3 years and fine.

(c)
If punishable with death: imprisonment up to 7 years and fine.

(d)
If sentenced to life imprisonment or 10 years or more: imprisonment up to 7 years and fine.

(e)
If sentenced to death: life imprisonment or up to 10 years, and fine.

What if a public servant fails to apprehend or allows escape in cases not covered earlier?

(a)
If done intentionally: imprisonment up to 3 years, or fine, or both.

(b)
If done negligently: simple imprisonment up to 2 years, or fine, or both.

What if someone resists arrest, escapes, or rescues another person in cases not covered earlier?

They can be punished with imprisonment up to 6 months, or fine, or both.

What if someone violates the conditions of remission of punishment?

They will have to undergo the punishment originally given, or the remaining part of it if they already served a portion.

What if someone insults or interrupts a public servant during a judicial proceeding?

They can be punished with simple imprisonment up to 6 months, or fine up to Rs. 5,000, or both.

What if someone pretends to be an assessor in a case without being entitled to it?

They can be punished with imprisonment up to 2 years, or fine, or both.

What if someone released on bail bond or bond fails to appear in court without sufficient cause?

They can be punished with imprisonment up to 1 year, or fine, or both.

Therefore, false evidence and offences against public justice are not just crimes against individuals, but against society as a whole. If lies are allowed to enter the courtroom, innocent people may be punished and guilty ones may escape. That is why the BNS takes these offences very seriously and provides strict punishments. The message is clear, justice can only be served when truth is respected and anyone who tries to misguide the process will face the law.

Muneeb Rashid Malik is an Advocate. He tweets @muneebmalikrash.