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KembaraXtra - Bharatiya Nyaya Sanhita - Section 227: Giving False Evidence
Introduction
Section 227 of the Bharatiya Nyaya Sanhita, 2023 (BNS) defines the offence of giving false evidence.
The offence arises where a person who is legally bound to state the truth, either by oath or by an express provision of law, or who is legally bound to make a declaration on a subject, makes a statement that is false and:
- Knows it to be false; or
- Believes it to be false; or
- Does not believe it to be true.
The provision therefore targets deliberate falsehood by a person who is under a legally recognised obligation of truthfulness.
The central formula is:
LEGAL DUTY TO STATE TRUTH + FALSE STATEMENT/DECLARATION + KNOWS FALSE / BELIEVES FALSE / DOES NOT BELIEVE TRUE = SECTION 227
Q1. What does Section 227 define?
Answer:
Section 227 defines:
GIVING FALSE EVIDENCE
It identifies the circumstances in which a false statement becomes legally punishable as false evidence.
Q2. Which IPC provision corresponds to Section 227 BNS?
Answer:
According to the supplied comments:
Section 227 BNS = Section 191 IPC
Q3. Has Section 227 changed under BNS?
Answer:
According to the supplied comments:
- The language remains unchanged; and
- The provision has been retained as it is.
Q4. What is the central idea behind Section 227?
Answer:
The central idea is that a person who is legally required to speak truthfully must not knowingly make a false statement.
Memory
BOUND TO TRUTH + KNOWING FALSEHOOD = FALSE EVIDENCE
Q5. What are the essential ingredients of Section 227?
Answer:
The essential ingredients are:
- The person must be legally bound by oath to state the truth; or
- The person must be legally bound by an express provision of law to state the truth; or
- The person must be legally bound to make a declaration on a subject;
- The person makes a statement;
- The statement is false;
- The person:
- Knows it is false; or
- Believes it is false; or
- Does not believe it to be true.
Formula
LEGAL OBLIGATION + FALSE STATEMENT + REQUIRED STATE OF MIND = SECTION 227
Q6. What are the three possible sources of the legal obligation?
Answer:
The obligation may arise because the person is:
- Bound by oath to state the truth;
- Bound by express provision of law to state the truth; or
- Bound by law to make a declaration on a particular subject.
Memory
OATH – EXPRESS LAW – LEGAL DECLARATION
Q7. Must the person always be under oath?
Answer:
No.
An oath is one possible source of the obligation, but not the only one.
The obligation may also arise from:
- An express provision of law; or
- A legal duty to make a declaration.
Q8. Why is this important?
Answer:
Because Section 227 is broader than a narrow concept of false testimony under oath.
The decisive question is:
WAS THE PERSON LEGALLY BOUND TO STATE THE TRUTH?
Q9. What is meant by being “legally bound by an oath”?
Answer:
It means the person is placed under a legally recognised oath requiring truthful evidence or declaration.
According to the supplied comments, the authority administering the oath must possess the requisite legal competence.
Q10. What is meant by being bound by an express provision of law?
Answer:
It means that a legal provision itself imposes a duty upon the person to state the truth.
Thus, an oath is unnecessary where the obligation arises directly from law.
Q11. What is meant by being bound by law to make a declaration?
Answer:
It means the law requires the person to make a declaration on a particular subject, and that declaration must be truthful.
A knowingly false declaration may therefore fall within Section 227.
Q12. Must the statement actually be false?
Answer:
Yes.
The statement must be objectively false.
Q13. Is a statement punishable merely because it later turns out to be incorrect?
Answer:
No.
There must also be the required mental state.
The person must:
KNOW IT IS FALSE
or
BELIEVE IT IS FALSE
or
NOT BELIEVE IT TO BE TRUE
Q14. What are the three mental states recognised by Section 227?
Answer:
They are:
- Knowledge of falsity;
- Belief in falsity;
- Absence of belief in truth.
Memory
KNOW FALSE – BELIEVE FALSE – DO NOT BELIEVE TRUE
Q15. Why does the section include “does not believe it to be true”?
Answer:
Because a person may avoid claiming direct knowledge but still speak without believing the statement is true.
The section captures that situation as well.
Q16. Is negligence enough?
Answer:
No.
Mere carelessness, confusion, mistake, or faulty memory is not automatically enough.
The required mental state must be established.
Q17. What does Explanation 1 provide?
Answer:
Explanation 1 states that a statement falls within Section 227 whether it is made:
VERBALLY OR OTHERWISE
Q18. What is the significance of Explanation 1?
Answer:
It shows that false evidence is not confined to spoken testimony.
A statement may be made through another form of communication.
Q19. Can a written statement fall within Section 227?
Answer:
Yes.
The phrase “verbally or otherwise” is broad enough to include non-verbal forms of statement.
Q20. What does Explanation 2 provide?
Answer:
Explanation 2 states that a false statement about a person’s own belief may itself amount to false evidence.
A person may be guilty by saying:
- He believes something which he does not believe; or
- He knows something which he does not know.
Q21. Why is Explanation 2 important?
Answer:
Because Section 227 does not only punish false statements about external facts.
It also punishes false statements about the person’s own:
- Belief;
- Knowledge;
- State of mind.
Q22. Give an example of false evidence about belief.
Answer:
A says:
“I believe this signature is Z’s.”
But A does not actually believe that.
If he is legally bound to state the truth, Section 227 may apply.
Q23. Give an example of false evidence about knowledge.
Answer:
A says:
“I know Z was at the place.”
But A has no knowledge whatsoever about whether Z was there.
The statement about A’s own knowledge is false.
Q24. What does Illustration (a) provide?
Answer:
A supports a just claim that B has against Z for ₹1,000.
A falsely swears at trial that he heard Z admit B’s claim.
A has given false evidence.
Q25. Why is Illustration (a) important?
Answer:
Because it shows that:
EVEN IF THE UNDERLYING CLAIM IS JUST, FALSE EVIDENCE REMAINS FALSE EVIDENCE
The truth of the overall case does not excuse the deliberate lie.
Q26. Does a good motive excuse false evidence?
Answer:
No.
A person cannot knowingly lie merely because he believes he is helping a person with a legitimate claim.
Q27. What does Illustration (b) provide?
Answer:
A, being bound by oath to state the truth, states that he believes a certain signature is Z’s handwriting when he does not actually believe that.
A gives false evidence.
Q28. What principle does Illustration (b) establish?
Answer:
It establishes:
FALSE STATEMENT ABOUT ONE’S OWN BELIEF = FALSE EVIDENCE
Q29. What does Illustration (c) provide?
Answer:
A knows the general character of Z’s handwriting and states that he believes a particular signature to be Z’s.
A genuinely believes this.
Even if the signature is actually not Z’s, A has not given false evidence.
Q30. Why is Illustration (c) important?
Answer:
Because it distinguishes:
FACTUAL ERROR
from
DISHONEST OR KNOWING FALSEHOOD
A can be mistaken and still truthful about what he genuinely believes.
Q31. What is the lesson from Illustration (c)?
Answer:
WRONG BELIEF ≠ FALSE EVIDENCE
if the belief is genuinely held.
Q32. What does Illustration (d) provide?
Answer:
A, being bound by oath, states that he knows Z was at a particular place on a certain day, when A actually knows nothing about the matter.
A gives false evidence.
Q33. What is striking about Illustration (d)?
Answer:
A may be guilty whether Z was actually there or not.
Why?
Because A falsely claims to possess knowledge which he does not possess.
Q34. What principle emerges from Illustration (d)?
Answer:
FALSE CLAIM OF KNOWLEDGE CAN ITSELF BE FALSE EVIDENCE
The external fact may even turn out to be true.
Q35. What does Illustration (e) provide?
Answer:
An interpreter or translator gives or certifies as true an interpretation or translation which:
- He is bound by oath to interpret or translate truly;
- Is in fact not true; and
- He does not believe to be true.
He has given false evidence.
Q36. Why are interpreters and translators included?
Answer:
Because the integrity of proceedings depends not only on witnesses but also on those who transmit or interpret statements and documents.
A knowingly false translation can distort evidence just as effectively as false testimony.
Q37. Can an interpreter commit false evidence without being a witness to the underlying facts?
Answer:
Yes.
His duty concerns the accuracy of the interpretation or translation.
Q38. What does the supplied commentary say about perjury?
Answer:
The supplied comments explain that the concept resembles the English offence of:
PERJURY
However, Section 227 is framed according to the Indian statutory concept of being legally bound to state the truth or make a declaration.
Q39. Is Section 227 restricted only to false evidence before a Court?
Answer:
According to the supplied comments, no.
The section does not impose such a narrow limitation.
It extends to situations where a person is legally bound by oath or express law to state the truth.
Q40. Why is Section 227 broader than a narrow courtroom-only concept?
Answer:
Because the legal obligation to speak truthfully may arise outside the physical courtroom.
The focus is on:
LEGAL DUTY TO STATE TRUTH
rather than location alone.
Q41. What role does the Oaths Act play according to the supplied comments?
Answer:
The supplied comments explain that the Oaths Act provides for administration of oaths by competent Courts and authorised persons and reinforces the obligation of persons giving evidence to speak truthfully.
Q42. What is the purpose of an oath according to the supplied comments?
Answer:
The supplied comments identify two broad purposes:
- To support prosecution where false evidence is given; and
- To impress upon the person the seriousness of the occasion and the duty to speak truthfully.
Q43. What happens if an oath is omitted by mistake?
Answer:
According to the supplied comments, where a competent authority fails, mistakenly or intentionally, to administer the oath, the obligation to give truthful evidence does not necessarily disappear.
The comments refer to Section 8 of the Oaths Act in this context.
Q44. Does irregularity in administering an oath automatically invalidate evidence?
Answer:
According to the supplied comments, no.
An irregularity or omission in administering the oath does not automatically:
- Invalidate the proceeding; or
- Render the evidence inadmissible.
Q45. Is competence of the oath-administering authority nevertheless important?
Answer:
Yes.
The supplied comments distinguish between:
- A competent authority that irregularly omits or administers an oath; and
- A body that had no jurisdiction or legal competence to administer the oath at all.
This distinction becomes important in the supplied cases.
Q46. What did the Supreme Court observe in KTMS Mohd v. Union of India according to the supplied comments?
Answer:
According to the supplied comments, the Supreme Court emphasised that merely showing contradictory statements at different stages is not always sufficient for prosecution for false evidence.
It must be established that the person:
INTENTIONALLY GAVE A FALSE STATEMENT
or
FABRICATED FALSE EVIDENCE
for use in a judicial proceeding.
Q47. What is the main principle from KTMS Mohd?
Answer:
CONTRADICTION ALONE ≠ FALSE EVIDENCE
The prosecution must prove intentional falsity.
Q48. Why is this principle important?
Answer:
Because witnesses may contradict themselves because of:
- Mistake;
- Confusion;
- Poor memory;
- Misunderstanding;
- Passage of time.
Not every contradiction is deliberate perjury.
Q49. What must be proved beyond mere contradiction?
Answer:
The relevant intentional falsehood must be established.
Memory
INCONSISTENCY IS EVIDENCE TO EXAMINE, NOT AUTOMATIC GUILT
Q50. What did Fateh Ali v. Queen Empress hold according to the supplied comments?
Answer:
According to the supplied comments, liability requires that the accused be legally bound by oath before a competent authority.
If the Court had no authority to administer the oath, the proceeding would be:
CORAM NON JUDICE
and a prosecution for false evidence would not stand on that basis.
Q51. What does “coram non judice” mean in this context?
Answer:
It refers to proceedings before a body lacking legal jurisdiction.
According to the supplied comments, such acts are treated as legally void.
Q52. Why is jurisdiction important for Section 227?
Answer:
Because the legal obligation relied upon must arise from a competent legal authority.
If the authority itself lacks jurisdiction, the required lawful obligation may not exist in the manner contemplated by the section.
Q53. What did Empress v. Chait Ram hold according to the supplied comments?
Answer:
According to the supplied comments, if the Court is acting beyond its jurisdiction, the charge for false evidence will not be sustained.
Q54. What additional proposition is mentioned in the supplied comments?
Answer:
The comments state that the Court must be an Indian Court; otherwise, according to the supplied commentary, no offence is committed for which the accused could be liable in India under this provision.
Q55. Should mere falsehood be enough for conviction under Section 227?
Answer:
No.
The prosecution must establish both:
- The legal obligation to state the truth; and
- The required knowledge or belief concerning falsity.
Q56. Is motive an essential ingredient?
Answer:
No specific motive such as:
- Financial gain;
- Revenge;
- Malice;
- Personal benefit
is expressly required.
The core is the deliberate false statement under a legal duty of truthfulness.
Q57. Is actual harm required?
Answer:
No.
Actual loss, injury, wrongful conviction, or effect on the outcome is not part of the basic definition under Section 227.
Q58. Is materiality expressly required under Section 227?
Answer:
The supplied statutory text does not require that the false statement itself concern a material point.
This distinguishes Section 227 from the structure of fabricating false evidence under Section 228.
Memory
227 = FALSE STATEMENT UNDER LEGAL DUTY
228 = FABRICATION AIMED AT MATERIAL POINT
Q59. Must the statement be made verbally?
Answer:
No.
Explanation 1 expressly states:
VERBALLY OR OTHERWISE
Q60. Can silence itself amount to giving false evidence?
Answer:
Section 227 is framed around making a statement.
Whether silence attracts some other legal consequence depends on another provision, but silence is not the same thing as making the false statement described here.
Q61. Can a person be guilty if he says something factually true but falsely claims personal knowledge?
Answer:
Yes, depending on the circumstances.
Illustration (d) shows that if A claims to know something when he actually does not know it, he gives false evidence even if the external fact happens to be true.
Q62. Why is that possible?
Answer:
Because the statement being tested is not merely:
“Z was there.”
It is effectively:
“I know Z was there.”
If A has no such knowledge, the statement about his own knowledge is false.
Q63. Can a person be innocent even if his statement turns out factually wrong?
Answer:
Yes.
Illustration (c) shows this clearly.
If A honestly believes the signature is Z’s, he is truthful about his belief even if his belief turns out to be mistaken.
Q64. What is the difference between “false fact” and “false belief statement”?
Answer:
A statement may be false in two ways:
- A person asserts an external fact which he knows or believes is false; or
- A person falsely represents his own belief or knowledge.
Section 227 covers both.
Q65. What is the easiest examination test for Section 227?
Answer:
Ask:
- Was the person legally bound to state the truth or make the declaration?
- Did he make a statement?
- Was that statement false?
- Did he know it was false, believe it false, or not believe it true?
If yes:
SECTION 227 IS ATTRACTED
Q66. How does Section 227 differ from Section 228?
Answer:
Section 227
GIVES FALSE EVIDENCE
The person makes a false statement while legally bound to tell the truth.
Section 228
FABRICATES FALSE EVIDENCE
The person creates false circumstances, entries, documents or electronic records with a specific evidentiary intention.
Memory
227 = LIE
228 = MANUFACTURE
Q67. How does Section 227 relate to Section 229?
Answer:
Section 227:
DEFINES GIVING FALSE EVIDENCE
Section 229:
PRESCRIBES THE PUNISHMENT
Memory
227 = DEFINITION
229 = PUNISHMENT
Q68. How does Section 227 differ from Section 233?
Answer:
Section 227
The person:
GIVES FALSE EVIDENCE
Section 233
The person:
CORRUPTLY USES OR ATTEMPTS TO USE FALSE OR FABRICATED EVIDENCE AS TRUE OR GENUINE
Memory
227 = GIVE
233 = USE
Q69. How does Section 227 differ from giving false information under Section 240?
Answer:
Section 227
Requires a legally recognised duty to state the truth.
Section 240
Concerns giving false information respecting an offence committed, subject to its own statutory ingredients.
Memory
227 = LEGALLY BOUND TO TRUTH
240 = FALSE INFORMATION ABOUT OFFENCE
Q70. What is the shortest memory formula for Section 227?
Answer:
“LEGALLY BOUND TO SPEAK TRUTH + KNOWINGLY MAKE FALSE STATEMENT = 227.”
Key Provisions (Study Notes)
1. Nature of the Provision
Section 227 is a:
DEFINITION PROVISION
It defines when a person is said to:
GIVE FALSE EVIDENCE
The punishment is principally found in Section 229 and aggravated provisions thereafter.
2. Legal Duty
The person must be bound:
BY OATH
or
BY EXPRESS PROVISION OF LAW
to state the truth,
or:
BY LAW TO MAKE A DECLARATION
3. False Statement
The person must make a statement that is:
FALSE
4. Mental Element
The person must:
KNOW IT IS FALSE
or
BELIEVE IT IS FALSE
or
NOT BELIEVE IT TO BE TRUE
5. Form of Statement
Under Explanation 1:
VERBAL OR OTHERWISE
6. Statements About Belief
Under Explanation 2, a person may commit the offence by falsely stating:
“I BELIEVE…”
or
“I KNOW…”
when he does not possess that belief or knowledge.
The Five Illustrations — Simplified
Illustration (a): True Case, False Evidence
A lies to support B’s genuine claim.
Lesson
GOOD CASE DOES NOT JUSTIFY FALSE EVIDENCE
Illustration (b): False Claim of Belief
A says he believes a signature is Z’s when he does not.
Lesson
LIE ABOUT BELIEF = FALSE EVIDENCE
Illustration (c): Honest but Mistaken Belief
A genuinely believes a signature is Z’s, though it is not.
Lesson
HONEST MISTAKE ≠ FALSE EVIDENCE
Illustration (d): False Claim of Knowledge
A says he knows Z was at a place although A knows nothing about it.
Lesson
LIE ABOUT KNOWLEDGE = FALSE EVIDENCE
Illustration (e): False Translation
Interpreter knowingly gives a false translation.
Lesson
FALSE INTERPRETATION/TRANSLATION CAN BE FALSE EVIDENCE
Best Illustration Memory
(a) FALSE SUPPORT
(b) FALSE BELIEF
(c) HONEST BELIEF
(d) FALSE KNOWLEDGE
(e) FALSE TRANSLATION
Section 227 vs Section 228
Section 227 — Giving False Evidence
Core:
LEGAL DUTY + FALSE STATEMENT
No requirement that the person manufacture any document or circumstance.
Section 228 — Fabricating False Evidence
Core:
FALSE CREATION + SPECIFIC EVIDENTIARY INTENT + MATERIAL POINT
Shortest Distinction
227 = SAY FALSE
228 = CREATE FALSE
Section 227 vs Section 229
Section 227
WHAT IS FALSE EVIDENCE?
Section 229
WHAT IS THE PUNISHMENT?
Section 227 vs Section 240
Section 227
FALSE STATEMENT UNDER LEGAL DUTY TO SPEAK TRUTH
Section 240
FALSE INFORMATION RESPECTING AN OFFENCE COMMITTED
Important Case Notes
KTMS Mohd v. Union of India
According to the supplied comments:
MERE CONTRADICTION AT DIFFERENT STAGES IS NOT ENOUGH
The prosecution must establish intentional falsehood or fabrication.
Memory
CONTRADICTION ≠ AUTOMATIC PERJURY
Fateh Ali v. Queen Empress
According to the supplied comments:
The person must be legally bound by oath before a competent authority.
If the body had no authority to administer the oath:
NO VALID FOUNDATION FOR FALSE-EVIDENCE LIABILITY ON THAT BASIS
Empress v. Chait Ram
According to the supplied comments:
Where the Court acts beyond its jurisdiction, the false-evidence charge cannot be sustained on that proceeding.
Memory
COMPETENT AUTHORITY + VALID JURISDICTION MATTER
Quick Revision Notes
Section
227 BNS
Title
Giving false evidence
IPC Equivalent
Section 191 IPC
Nature
Definition provision.
Legal Obligation
Oath / express provision of law / legal declaration.
Act
Make false statement.
Mental Element
Know false / believe false / do not believe true.
Statement Form
Verbally or otherwise.
Belief Statements
False statements about one’s own belief or knowledge are covered.
Materiality
Not expressly required in the same manner as Section 228.
Punishment
Found principally in Section 229 and aggravated provisions.
BNS Change
No substantive change according to supplied comments.
Exam Traps
Trap 1 — Thinking oath is always essential
Incorrect.
An express provision of law or legal duty to make a declaration may also create the obligation.
Trap 2 — Thinking every incorrect statement is false evidence
Incorrect.
The required knowledge or belief must be proved.
Trap 3 — Treating contradiction as automatic guilt
Incorrect.
According to the supplied case commentary:
CONTRADICTION ALONE IS NOT ENOUGH
Trap 4 — Thinking statement must be oral
Incorrect.
Explanation 1:
VERBALLY OR OTHERWISE
Trap 5 — Ignoring false claims about belief
A person can give false evidence by claiming a belief he does not actually hold.
Trap 6 — Ignoring false claims about knowledge
A person may give false evidence by claiming knowledge he does not possess.
Trap 7 — Thinking factual truth automatically saves the witness
Incorrect.
Illustration (d) shows that a false claim of personal knowledge may still amount to false evidence even if the external fact happens to be true.
Trap 8 — Thinking factual error automatically creates liability
Incorrect.
Illustration (c) shows:
HONEST MISTAKE ≠ FALSE EVIDENCE
Trap 9 — Thinking a just cause excuses lying
Incorrect.
Illustration (a) shows that false evidence remains false even when used to support a legitimate claim.
Trap 10 — Forgetting competence of authority
According to the supplied cases, the legal authority administering the oath must possess jurisdiction and competence.
Trap 11 — Confusing giving with fabricating
Remember:
227 = GIVE
228 = FABRICATE
Trap 12 — Confusing definition with punishment
Remember:
227 = DEFINITION
229 = PUNISHMENT
Rapid Revision Chain: Sections 227–240
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
Best Memory Sequence
227 = GIVE
228 = FABRICATE
229 = PUNISH
230 = CAPITAL
231 = SERIOUS NON-CAPITAL
232 = THREAT
233 = USE
234 = ISSUE CERTIFICATE
235 = USE CERTIFICATE
236 = MAKE DECLARATION
237 = USE DECLARATION
238 = SCREEN
239 = SILENCE
240 = LIE
Ultimate Memory Formula
SECTION 227
LEGALLY BOUND TO STATE TRUTH
through:
OATH / EXPRESS LAW / LEGAL DECLARATION
+
MAKES FALSE STATEMENT
+
KNOWS FALSE / BELIEVES FALSE / DOES NOT BELIEVE TRUE
= GIVING FALSE EVIDENCE
Key Takeaway
Section 227 BNS defines giving false evidence. The essence of the offence is not simply that a person says something incorrect.
The person must first be under a legally recognised obligation to state the truth or make a declaration. He must then make a false statement with the required mental state.
The three most important mental alternatives are:
KNOWS FALSE
BELIEVES FALSE
DOES NOT BELIEVE TRUE
The section also makes clear that:
- Statements may be verbal or otherwise;
- A lie about one’s own belief can amount to false evidence;
- A lie about one’s own knowledge can amount to false evidence;
- Honest mistake does not amount to false evidence;
- Mere contradiction does not automatically establish intentional falsehood;
- Competence and jurisdiction of the authority creating the legal obligation are important according to the supplied cases.
According to the supplied comments:
Section 227 BNS = Section 191 IPC
and the provision has been retained without substantive change.
Final Memory Line
“227 = LEGALLY BOUND TO TELL THE TRUTH + MAKES A FALSE STATEMENT + KNOWS/BELIEVES IT FALSE OR DOES NOT BELIEVE IT TRUE.”
