Section 228 defines "fabricating false evidence": whoever causes any circumstance to exist, or makes any false entry in any book or record, or electronic record, or makes any document or electronic record containing a false statement, intending that such circumstance, false entry, or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that it may cause the person forming an opinion on that evidence to entertain an erroneous opinion touching a point material to the result of the proceeding, is said to fabricate false evidence. This is a purely definitional provision; the punishment for the offence is set out at Section 229 (Punishment for False Evidence).
Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which maps Section 228 to old IPC Section 192, and independently against the text of Section 192 itself as found in the edition of the Indian Penal Code, 1860 consulted for this book.
| BNS section | IPC, 1860 equivalent | Category |
|---|---|---|
| 228 | 192 | Substantively changed |
Substantively changed: old IPC Section 192 covered a false entry in "any book or record" and a "document containing a false statement." Section 228 adds "or electronic record" in both places, extending the definition to cover fabricated electronic records alongside physical books, records, and documents. The remainder of the definition and all three statutory Illustrations are unchanged.
Whoever causes any circumstance to exist or makes any false entry in any book or record, or electronic record or makes any document or electronic record containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding is said "to fabricate false evidence".
Illustrations.
(a) A puts jewels into a box belonging to Z, with the intention that they may be found in that box, and that this circumstance may cause Z to be convicted of theft. A has fabricated false evidence.
(b) A makes a false entry in his shop-book for the purpose of using it as corroborative evidence in a Court. A has fabricated false evidence.
(c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in imitation of Z's handwriting, purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter in a place which he knows that the officers of the police are likely to search. A has fabricated false evidence.
Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.
Unlike Section 227, which defines the giving of a false statement, this section defines the creation of false material—a planted circumstance, a false book or record entry (physical or electronic), or a false document or electronic record—made with the specific intent that it later appear in evidence and mislead whoever must form an opinion on the material point in a judicial, quasi-judicial, or arbitral proceeding.
Giving false evidence (Section 227) is making a false statement while legally bound to state the truth. Fabricating false evidence (this section) is creating false material—a planted circumstance, a false entry, or a false document or electronic record—intended to later appear as evidence and mislead the person forming an opinion in a proceeding.
Yes. Section 228 expressly extends the definition to a false entry in an electronic record and to an electronic record containing a false statement, alongside physical books, records, and documents.
This section only defines the offence. Its punishment is set out separately at Section 229 (Punishment for False Evidence).
The definition now expressly covers electronic records, in addition to the physical books, records, and documents already covered under the old law. The rest of the definition and all three statutory Illustrations are unchanged.