KembaraXtra - Bharatiya Nyaya Sanhita - Chapter XIV: Of False Evidence and Offences Against Public Justice

Introduction

Chapter XIV of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with offences which threaten the integrity of evidence, judicial proceedings, lawful investigation, Court processes, punishment of offenders, and the proper functioning of public justice.

According to the supplied introduction, the Chapter contains 43 sections, from Sections 227 to 269.

The chapter broadly covers two major areas:

1. FALSE EVIDENCE

and

2. OFFENCES AGAINST PUBLIC JUSTICE

The supplied introduction states that:

• Sections 227 to 237 principally concern giving and fabricating false evidence; and
• Sections 238 onwards principally concern offences against public justice.

The Chapter can therefore be understood as protecting the justice system at every stage:

TRUTH → EVIDENCE → INVESTIGATION → COURT PROCESS → OFFENDERS → PUBLIC SERVANTS → CUSTODY → APPEARANCE BEFORE COURT

Q1. What is the title of Chapter XIV?

Answer:

OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

Q2. Which sections are contained in Chapter XIV?

Answer:

According to the supplied introduction:

SECTIONS 227 TO 269

This gives a total of:

43 SECTIONS

Q3. What are the two broad subjects covered by Chapter XIV?

Answer:

The Chapter covers:

1. False evidence; and
2. Offences against public justice.

Q4. What is the general object of this Chapter?

Answer:

The object is to preserve the integrity and effectiveness of the administration of justice.

The Chapter punishes conduct which may:

• Corrupt evidence;
• Mislead Courts;
• Obstruct investigation;
• Screen offenders;
• Harbour offenders;
• Abuse Court processes;
• Interfere with apprehension or custody;
• Corruptly misuse official authority; or
• Defeat lawful Court obligations.

Q5. Why is false evidence treated seriously?

Answer:

Courts and public authorities depend upon truthful evidence to reach correct conclusions.

False evidence may:

• Cause wrongful conviction;
• Cause wrongful acquittal;
• Distort civil liability;
• Mislead public authorities;
• Undermine trust in judicial proceedings.

Thus, the chapter treats false evidence as an offence against the justice system itself.

Q6. Which sections principally deal with giving and fabricating false evidence?

Answer:

According to the supplied introduction:

SECTIONS 227 TO 237

The supplied classification also includes:

SECTION 241

within this broad sub-head because Section 241 deals with destruction of a document or electronic record to prevent its production as evidence.

Q7. What is the basic sequence of Sections 227 to 237?

Answer:

The sequence can be remembered as follows:

227 = GIVE FALSE EVIDENCE

228 = FABRICATE FALSE EVIDENCE

229 = PUNISH FALSE EVIDENCE

230 = FALSE EVIDENCE FOR CAPITAL CONVICTION

231 = FALSE EVIDENCE FOR SERIOUS NON-CAPITAL CONVICTION

232 = THREATEN PERSON TO GIVE FALSE EVIDENCE

233 = USE FALSE EVIDENCE

234 = ISSUE FALSE CERTIFICATE

235 = USE FALSE CERTIFICATE

236 = MAKE FALSE DECLARATION

237 = USE FALSE DECLARATION

Q8. What does Section 227 principally concern?

Answer:

Section 227 defines:

GIVING FALSE EVIDENCE

Its essence is:

LEGAL DUTY TO SPEAK TRUTH + FALSE STATEMENT + REQUIRED KNOWLEDGE/BELIEF

Q9. What does Section 228 principally concern?

Answer:

Section 228 defines:

FABRICATING FALSE EVIDENCE

Its essence is:

CREATE FALSE EVIDENTIARY MATERIAL + INTEND IT TO APPEAR IN EVIDENCE + INTEND TO MISLEAD ON MATERIAL POINT

Q10. What does Section 229 do?

Answer:

Section 229 provides the general punishment for intentionally:

• Giving false evidence; or
• Fabricating false evidence.

It distinguishes between:

• Judicial proceedings; and
• Other cases.

Memory

229 = PUNISHMENT SECTION

Q11. What do Sections 230 and 231 deal with?

Answer:

These are aggravated false-evidence provisions.

Section 230

False evidence intended to procure conviction for a:

CAPITAL OFFENCE

Section 231

False evidence intended to procure conviction for a serious:

NON-CAPITAL OFFENCE PUNISHABLE WITH LIFE OR 7+ YEARS

Q12. What does Section 232 deal with?

Answer:

Section 232 punishes:

THREATENING ANY PERSON TO GIVE FALSE EVIDENCE

It therefore protects witnesses and other persons from coercion designed to corrupt the truth-finding process.

Q13. What does Section 233 deal with?

Answer:

Section 233 punishes:

CORRUPTLY USING OR ATTEMPTING TO USE FALSE OR FABRICATED EVIDENCE AS TRUE OR GENUINE

Q14. What is the significance of Sections 234 and 235?

Answer:

These sections form the:

FALSE CERTIFICATE PAIR

Section 234

ISSUE OR SIGN FALSE CERTIFICATE

Section 235

USE FALSE CERTIFICATE AS TRUE

Q15. What is the significance of Sections 236 and 237?

Answer:

These sections form the:

FALSE DECLARATION PAIR

Section 236

MAKE FALSE DECLARATION

Section 237

USE FALSE DECLARATION AS TRUE

Q16. What does Section 241 add to the evidence-related offences?

Answer:

Section 241 deals with:

DESTRUCTION OF DOCUMENT OR ELECTRONIC RECORD TO PREVENT ITS PRODUCTION AS EVIDENCE

It therefore protects evidence not merely from falsification, but also from deliberate suppression or destruction.

Q17. Which sections concern disappearance of evidence and screening offenders?

Answer:

According to the supplied introduction:

SECTIONS 238 TO 240

Q18. What is the basic sequence of Sections 238 to 240?

Answer:

238 = CAUSE DISAPPEARANCE OF EVIDENCE / GIVE FALSE INFORMATION TO SCREEN

239 = INTENTIONALLY OMIT INFORMATION WHEN LEGALLY BOUND TO INFORM

240 = GIVE FALSE INFORMATION ABOUT AN OFFENCE COMMITTED

Memory

238 = SCREEN

239 = SILENCE

240 = LIE

Q19. What is the central idea of Section 238?

Answer:

Section 238 targets a person who, knowing or having reason to believe that an offence has been committed:

• Causes evidence to disappear; or
• Gives false information,

with the:

INTENTION OF SCREENING THE OFFENDER FROM LEGAL PUNISHMENT

Q20. How is Section 239 different from Section 240?

Answer:

Section 239

The person:

SHOULD INFORM BUT INTENTIONALLY REMAINS SILENT

because he is legally bound to give information.

Section 240

The person:

GIVES INFORMATION, BUT THE INFORMATION IS FALSE

Memory

239 = SILENCE

240 = FALSE SPEECH

Q21. Which provisions concern abuse of Court process according to the supplied introduction?

Answer:

The supplied introduction identifies:

SECTIONS 243 TO 248 AND SECTION 269

under the broad heading of:

ABUSE OF PROCESS OF COURT

Q22. What types of conduct fall within Sections 243 to 248?

Answer:

These provisions broadly address dishonest or fraudulent interference with judicial and enforcement processes, including:

• Concealing or transferring property to defeat lawful seizure;
• Making fraudulent claims to property;
• Fraudulently allowing false decrees;
• Making false claims in Court;
• Fraudulently obtaining decrees;
• Making false criminal charges.

Q23. What does Section 243 deal with?

Answer:

Section 243 concerns:

FRAUDULENT REMOVAL, CONCEALMENT, TRANSFER OR DELIVERY OF PROPERTY

with intent to prevent lawful taking by forfeiture, fine, or execution.

Q24. What does Section 244 deal with?

Answer:

Section 244 concerns:

FRAUDULENT FALSE CLAIM TO PROPERTY OR INTEREST

with intent to prevent lawful seizure or execution.

Memory

243 = MOVE/HIDE PROPERTY

244 = FALSELY CLAIM PROPERTY

Q25. What do Sections 245 to 247 principally concern?

Answer:

They deal with fraudulent abuse of civil Court process.

Section 245

SUFFER FALSE DECREE AGAINST SELF

Section 246

MAKE FALSE CLAIM IN COURT

Section 247

OBTAIN FALSE DECREE AGAINST ANOTHER

Memory

245 = SUFFER

246 = CLAIM

247 = OBTAIN

Q26. What does Section 248 deal with?

Answer:

Section 248 punishes:

FALSE CHARGE OF OFFENCE MADE WITH INTENT TO INJURE

It is therefore concerned with misuse of criminal process by knowingly instituting or causing a false criminal accusation without lawful ground.

Q27. What role does Section 269 play in the supplied abuse-of-process classification?

Answer:

Section 269 deals with:

FAILURE BY PERSON RELEASED ON BAIL BOND OR BOND TO APPEAR IN COURT

The supplied introduction places it within the broad abuse-of-Court-process grouping because it concerns non-compliance with a formal obligation to appear before Court.

Q28. Which section is identified under false personation?

Answer:

The supplied introduction identifies:

SECTION 242

and also mentions:

SECTION 248

under the heading “False personation.”

However, this appears to contain a classification inconsistency in the supplied introduction because Section 248, as separately studied, concerns false charge of offence made with intent to injure, whereas Section 242 is the provision specifically dealing with false personation in a suit or prosecution.

For revision, the clear personation provision is:

SECTION 242

Q29. What does Section 242 deal with?

Answer:

Section 242 punishes:

FALSE PERSONATION FOR THE PURPOSE OF AN ACT OR PROCEEDING IN A SUIT OR PROSECUTION

The accused assumes another identity and performs a legal act in that assumed character.

Q30. Which provisions concern harbouring offenders?

Answer:

According to the supplied introduction:

SECTIONS 249, 253 AND 254

Q31. What does Section 249 deal with?

Answer:

Section 249 concerns:

HARBOURING OR CONCEALING AN OFFENDER AFTER AN OFFENCE

with knowledge or reason to believe that the person is an offender and with intent to screen him from legal punishment.

Memory

249 = HIDE OFFENDER AFTER CRIME

Q32. What does Section 253 deal with?

Answer:

Section 253 concerns harbouring or concealing:

• A person who has escaped from lawful custody; or
• A person whose lawful apprehension has been ordered.

Memory

253 = ESCAPEE / APPREHENSION ORDER

Q33. What does Section 254 deal with?

Answer:

Section 254 concerns:

HARBOURING ROBBERS OR DACOITS

either to facilitate robbery or dacoity or to screen them from punishment.

Memory

254 = ROBBERS / DACOITS

Q34. Which provisions concern offences by public servants according to the supplied introduction?

Answer:

The supplied introduction identifies:

SECTIONS 255 TO 268

as the broad group concerning offences by public servants.

Q35. What kind of public-servant misconduct is covered in Sections 255 onwards?

Answer:

These provisions broadly address misuse or failure of official powers connected with justice, including:

• Disobeying law to save persons or property;
• Preparing incorrect records;
• Corrupt or malicious judicial acts;
• Illegal commitment or confinement;
• Intentional failure to apprehend;
• Negligent escape from custody;
• Resistance to lawful apprehension;
• Failure to keep persons in confinement;
• Misconduct connected with judicial proceedings.

Q36. What do Sections 255 and 256 deal with?

Answer:

Section 255

A public servant:

KNOWINGLY DISOBEYS A LEGAL DIRECTION

with intent to save a person from punishment, reduce punishment, or save property.

Section 256

A public servant:

KNOWINGLY PREPARES AN INCORRECT RECORD OR WRITING

with intent or knowledge to cause harm or save a person/property.

Memory

255 = DISOBEY LAW

256 = FALSE RECORD

Q37. What do Sections 257 and 258 principally concern?

Answer:

Section 257

A public servant in a judicial proceeding corruptly or maliciously makes:

• Report;
• Order;
• Verdict; or
• Decision

knowing it to be contrary to law.

Section 258

A person having legal authority corruptly or maliciously:

• Commits another for trial;
• Commits another to confinement; or
• Keeps another in confinement,

knowing the act to be contrary to law.

Q38. What broad theme runs through Sections 259 to 265?

Answer:

These sections concern:

APPREHENSION, CUSTODY, ESCAPE AND RESCUE

They allocate liability according to:

• Who had the legal duty;
• Whether conduct was intentional or negligent;
• Whether the offender was charged, sentenced, or lawfully committed;
• Whether the accused resisted, escaped, obstructed or rescued.

Q39. What is the easiest memory sequence for Sections 259 to 265?

Answer:

259 = PUBLIC SERVANT INTENTIONALLY FAILS — CHARGED/APPREHENDABLE PERSON

260 = PUBLIC SERVANT INTENTIONALLY FAILS — SENTENCED/LAWFULLY COMMITTED PERSON

261 = PUBLIC SERVANT NEGLIGENTLY SUFFERS ESCAPE

262 = PERSON RESISTS OWN LAWFUL APPREHENSION / ESCAPES

263 = RESIST/RESCUE ANOTHER

264 = PUBLIC SERVANT RESIDUAL OMISSION/ESCAPE CASE

265 = RESIDUAL RESISTANCE/ESCAPE/RESCUE

Q40. What do Sections 266 to 268 cover?

Answer:

They continue the public-justice framework.

Section 266

VIOLATION OF CONDITION OF REMISSION OF PUNISHMENT

Section 267

INTENTIONAL INSULT OR INTERRUPTION TO PUBLIC SERVANT IN JUDICIAL PROCEEDING

Section 268

PERSONATION OF ASSESSOR

Q41. Does the supplied introductory classification contain any numbering or grouping inconsistencies?

Answer:

Yes, there are a few points worth noting carefully.

First, the introduction states that offences against public justice run from:

SECTIONS 238 TO 268

but the Chapter itself extends to:

SECTION 269

and Section 269 is separately included under abuse of Court process.

Second, under false personation, the introduction lists:

SECTIONS 242 AND 248

but Section 248, as separately studied, concerns false charge of offence with intent to injure, not personation.

Third, the heading “giving and fabricating false evidence” includes:

SECTION 241

which is more specifically concerned with destruction of documentary/electronic evidence to prevent its production.

These points are best treated as broad editorial grouping rather than strict statutory categorisation.

Q42. What is the best overall structure for studying Chapter XIV?

Answer:

A useful six-part study structure is:

1. FALSE EVIDENCE

Sections 227–237, with Section 241 closely connected.

2. SCREENING / FALSE INFORMATION

Sections 238–240.

3. COURT PROCESS / FALSE CLAIMS / PROPERTY EVASION

Sections 243–248 and Section 269.

4. FALSE PERSONATION

Principally Section 242.

5. HARBOURING

Sections 249, 253 and 254.

6. PUBLIC SERVANT / CUSTODY / JUSTICE-ADMINISTRATION OFFENCES

Sections 255–268.

Key Provisions (Study Notes)

Group 1 — False Evidence

227–237 + 241

Core themes:

• Give false evidence;
• Fabricate false evidence;
• Punishment;
• Capital-conviction false evidence;
• Serious non-capital false evidence;
• Threatening witnesses;
• Using false evidence;
• False certificates;
• False declarations;
• Destroying documentary/electronic evidence.

Memory

GIVE – FABRICATE – PUNISH – AGGRAVATE – THREAT – USE – CERTIFY – DECLARE – DESTROY

Group 2 — Disappearance of Evidence / Screening

238–240

Memory

238 = SCREEN

239 = SILENCE

240 = LIE

Group 3 — Abuse of Court Process

243–248 + 269

Core themes:

• Hide property;
• False property claim;
• False decree;
• False Court claim;
• False criminal charge;
• Failure to appear after bail.

Memory

HIDE – CLAIM – DECREE – CLAIM – ACCUSE – FAIL TO APPEAR

Group 4 — False Personation

242

Core theme:

ASSUME FALSE IDENTITY IN SUIT OR PROSECUTION

Group 5 — Harbouring

249, 253, 254

Memory

249 = OFFENDER

253 = ESCAPEE / APPREHENSION ORDER

254 = ROBBER / DACOIT

Group 6 — Public Servant and Custody Offences

255–268

Core themes:

• Official disobedience;
• False official records;
• Corrupt judicial acts;
• Illegal confinement;
• Failure to apprehend;
• Custodial escape;
• Resistance and rescue;
• Remission violation;
• Judicial interruption;
• Personation of assessor.

Quick Revision Notes

Chapter

XIV

Title

Of False Evidence and Offences Against Public Justice

Sections

227–269

Total

43 sections

Main Themes

False evidence + interference with administration of justice.

First Block

227–237 — false evidence and related conduct.

Screening Block

238–240

Evidence Destruction

241

Personation

242

Court/Property Process

243–248

Harbouring

249, 253, 254

Public Servant / Custody

255–268

Failure to Appear

269

Exam Traps

Trap 1 — Thinking Chapter XIV is only about perjury

Incorrect.

It covers a much wider field of offences against public justice.

Trap 2 — Treating Sections 227 and 228 as punishment provisions

Incorrect.

They principally define:

227 = GIVING FALSE EVIDENCE

228 = FABRICATING FALSE EVIDENCE

while Section 229 provides the general punishment.

Trap 3 — Forgetting Section 241

Although numerically outside Sections 227–237, it is closely connected with evidence because it punishes destruction of documentary or electronic evidence.

Trap 4 — Confusing Section 242 and Section 248

Remember:

242 = FALSE PERSONATION

248 = FALSE CRIMINAL CHARGE

The supplied introductory grouping appears inconsistent on this point.

Trap 5 — Ending the Chapter at Section 268

The Chapter extends to:

SECTION 269

Trap 6 — Treating all harbouring offences as the same

Remember:

249 = OFFENDER AFTER CRIME

253 = ESCAPEE / APPREHENSION ORDER

254 = ROBBERS / DACOITS

Trap 7 — Confusing Sections 259 and 260

Use the exact distinction:

259 = PERSON CHARGED WITH OR LIABLE TO APPREHENSION FOR AN OFFENCE

260 = PERSON UNDER SENTENCE OF COURT OR LAWFULLY COMMITTED TO CUSTODY

Trap 8 — Confusing intentional and negligent custodial offences

Remember:

260 = INTENTIONAL

261 = NEGLIGENT

Rapid Revision Chain: Sections 227–269

227 = GIVE FALSE EVIDENCE

228 = FABRICATE FALSE EVIDENCE

229 = PUNISH FALSE EVIDENCE

230 = CAPITAL CONVICTION

231 = SERIOUS NON-CAPITAL CONVICTION

232 = THREAT FOR FALSE EVIDENCE

233 = USE FALSE EVIDENCE

234 = ISSUE FALSE CERTIFICATE

235 = USE FALSE CERTIFICATE

236 = MAKE FALSE DECLARATION

237 = USE FALSE DECLARATION

238 = SCREEN OFFENDER

239 = OMIT INFORMATION

240 = GIVE FALSE INFORMATION

241 = DESTROY EVIDENCE

242 = FALSE PERSONATION

243 = HIDE PROPERTY

244 = FALSE PROPERTY CLAIM

245 = SUFFER FALSE DECREE

246 = FALSE COURT CLAIM

247 = OBTAIN FALSE DECREE

248 = FALSE CRIMINAL CHARGE

249 = HARBOUR OFFENDER

250 = TAKE TO SCREEN

251 = GIVE TO SCREEN

252 = TAKE TO RECOVER

253 = HARBOUR ESCAPEE / PERSON WANTED

254 = HARBOUR ROBBERS / DACOITS

255 = PUBLIC SERVANT DISOBEYS LAW

256 = INCORRECT OFFICIAL RECORD

257 = CORRUPT JUDICIAL REPORT/ORDER/DECISION

258 = ILLEGAL COMMITMENT / CONFINEMENT

259 = INTENTIONAL FAILURE — CHARGED/APPREHENDABLE PERSON

260 = INTENTIONAL FAILURE — SENTENCED/COMMITTED PERSON

261 = NEGLIGENT ESCAPE

262 = RESIST OWN APPREHENSION / ESCAPE

263 = RESIST/RESCUE ANOTHER

264 = RESIDUAL PUBLIC-SERVANT FAILURE

265 = RESIDUAL RESIST/ESCAPE/RESCUE

266 = VIOLATE REMISSION CONDITION

267 = INSULT / INTERRUPT JUDICIAL PUBLIC SERVANT

268 = PERSONATE ASSESSOR

269 = FAIL TO APPEAR AFTER BAIL/BOND

Master Memory Formula

The entire Chapter may be remembered as:

FALSE EVIDENCE

→

SCREENING

→

DESTROY / PERSONATE / ABUSE COURT PROCESS

→

HARBOURING

→

PUBLIC SERVANT MISCONDUCT

→

APPREHENSION / ESCAPE / RESCUE

→

JUDICIAL ORDER AND APPEARANCE

Ultra-Short Chapter Memory

LIE → FABRICATE → SCREEN → HIDE → HARBOUR → ABUSE OFFICE → ESCAPE → DISRUPT JUSTICE

Key Takeaway

Chapter XIV is a broad protection of the administration of justice.

It does not merely punish perjury. It also punishes conduct that:

• Manufactures or uses false evidence;
• Hides or destroys evidence;
• Screens or harbours offenders;
• Misuses Court processes;
• Makes false claims or false charges;
• Corrupts official records and judicial functions;
• Facilitates escape or obstructs apprehension;
• Interferes with judicial proceedings;
• Defeats lawful bail and appearance obligations.

The best conceptual summary is:

227–237 = CORRUPT THE TRUTH

238–254 = OBSTRUCT OR DEFEAT JUSTICE

255–268 = MISUSE / OBSTRUCT PUBLIC JUSTICE AND CUSTODY

269 = FAIL TO APPEAR BEFORE COURT

Final Memory Line

“CHAPTER XIV PROTECTS THE JUSTICE SYSTEM FROM FALSEHOOD, CONCEALMENT, SCREENING, PERSONATION, HARBOURING, OFFICIAL ABUSE, ESCAPE AND DEFIANCE OF COURT PROCESS.”