Bharatiya Nyaya Sanhita, 2023 — Section 233

Using Evidence Known to Be False

Section 233 punishes whoever corruptly uses or attempts to use, as true or genuine evidence, any evidence which they know to be false or fabricated, in the same manner as if they had given or fabricated that false evidence themselves.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which maps Section 233 to old IPC Section 196, and independently against the text of Section 196 itself in the Indian Penal Code, 1860.

BNS section	IPC, 1860 equivalent	Category
233	196	Exact

Exact: the wording and the punishment-by-reference (the same manner as if the person had given or fabricated the false evidence) are carried forward from old IPC Section 196 without any substantive change.

Quick Reference

Per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023: punishable with “the same as for giving or fabricating false evidence”; non-cognizable; bailable or non-bailable “according as offence of giving such evidence is bailable or non-bailable”; triable by the court by which the offence of giving or fabricating false evidence is triable. Not compoundable: Section 233 appears in neither compounding table of Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Statutory Text (Verbatim)

Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

Knowingly using false or fabricated evidence as genuine

Explanation (Lexovia's Commentary)

This section reaches a person who corruptly uses, or attempts to use, as true or genuine, evidence which he knows to be false or fabricated, including a person who did not himself give or fabricate it. Such a person is punished in the same manner as if he had himself given or fabricated false evidence.

Illustration (Lexovia's Own Example)

A litigant, knowing a document to have been fabricated by another person, nonetheless introduces it as genuine evidence in a civil suit. This falls within the section.

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Related / Cross-Referenced Sections

FAQs

Does this section apply even if I didn't create the false evidence myself?

Yes. It applies to anyone who corruptly uses, or attempts to use, evidence as true or genuine while knowing it to be false or fabricated, regardless of who originally created it.

What is the punishment under this section?

The same punishment as if the person had themselves given or fabricated the false evidence.

What changed compared to the old law?

Nothing substantive. The wording and the punishment-by-reference are carried forward unchanged from old IPC Section 196.