Bharatiya Nyaya Sanhita, 2023 — Section 237

Using as True Such Declaration Knowing It to Be False

Section 237 punishes whoever corruptly uses or attempts to use as true any such declaration described in Section 236, knowing it to be false in any material point, in the same manner as if they had given false evidence.

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 237 to old IPC Section 200, and independently against the text of Section 200 itself in the Indian Penal Code, 1860, and against the Act’s printed page.

BNS section	IPC, 1860 equivalent	Category
237	200	Exact

Exact: old IPC Section 200 carried a closing Explanation stating that a declaration inadmissible merely on the ground of some informality is still a declaration within the meaning of old Sections 199 and 200. Section 237 carries the same Explanation forward immediately after its operative sentence, with only the cross-references updated (“section 236 and this section” in place of “sections 199 and 200”). The operative offence-defining sentence is word for word the same as in IPC Section 200.

Quick Reference

Per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023: punishable with “the same as for giving false evidence” — non-cognizable, bailable, and triable by the court by which the offence of giving false evidence is triable. Not compoundable: Section 237 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 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.

Explanation.—A declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of section 236 and this section.

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)

Companion offence to Section 236: using rather than making the false declaration

Explanation (Lexovia's Commentary)

This section is the natural companion to Section 236. Where Section 236 punishes the person who makes or subscribes the materially false declaration, this section punishes anyone else who corruptly uses, or attempts to use, that same declaration as true, while knowing it to be false in a material point. The section’s own Explanation adds that a declaration which is inadmissible merely upon the ground of some informality is still a declaration within the meaning of Section 236 and this section.

Illustration (Lexovia's Own Example)

A person, knowing that a declaration subscribed by another is materially false, nonetheless produces it as true before a public servant authorised to receive it as evidence. This falls within the section.

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Related / Cross-Referenced Sections

FAQs

How is this different from Section 236?

Section 236 punishes the person who makes or subscribes the materially false declaration. This section punishes anyone who corruptly uses, or attempts to use, that same declaration as true, knowing it to be false.

What is the punishment under this section?

The same punishment as for giving false evidence.

What changed compared to the old law?

Nothing substantive. The operative sentence is word for word the same as in old IPC Section 200, and the closing Explanation (a declaration inadmissible merely for some informality is still a declaration for the purposes of Section 236 and this section) is carried forward with its cross-references updated.