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KembaraXtra - Bharatiya Nyaya Sanhita - Section 231: Giving or Fabricating False Evidence with Intent to Procure Conviction of Offence Punishable with Imprisonment for Life or Imprisonment
Introduction
Section 231 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with a particularly serious form of false evidence.
It applies where a person gives or fabricates false evidence intending to cause, or knowing it to be likely that he will cause, another person to be convicted of a serious non-capital offence punishable with:
- Imprisonment for life, or
- Imprisonment for seven years or more.
The person giving or fabricating the false evidence is then punished as though he himself had been convicted of that serious offence.
The core idea is:
FALSE EVIDENCE + INTENT/KNOWLEDGE TO PROCURE SERIOUS CONVICTION = SAME LIABILITY AS THAT OFFENCE
Q1. What does Section 231 punish?
Answer:
Section 231 punishes a person who:
- Gives false evidence; or
- Fabricates false evidence;
- Intending thereby to cause another person to be convicted of a serious offence; or
- Knowing it to be likely that such conviction will result;
- The offence is non-capital, but punishable with:
- Imprisonment for life; or
- Imprisonment for seven years or more.
Q2. What is the object of Section 231?
Answer:
The object is to punish severely those who deliberately misuse false evidence to expose another person to conviction for a very serious offence.
The provision recognises that fabricating evidence to procure a serious conviction can itself have consequences comparable to committing the underlying offence.
Core Principle
FALSE EVIDENCE AIMED AT A SERIOUS WRONGFUL CONVICTION ATTRACTS THE PUNISHMENT OF THAT SERIOUS OFFENCE
Q3. Which IPC provision corresponds to Section 231 BNS?
Answer:
According to the supplied comments:
Section 231 BNS = Section 195 IPC
Q4. What change has been made under the BNS?
Answer:
According to the supplied comments, the language remains unchanged, except that in the Illustration:
“COURT OF JUSTICE” → “COURT”
No other substantive change is identified in the supplied material.
Q5. What are the essential ingredients of Section 231?
Answer:
The essential ingredients are:
- The accused gives or fabricates false evidence;
- He intends thereby to cause another person to be convicted; or
- He knows it is likely that such conviction will be caused;
- The intended conviction is for an offence under the law in force in India;
- The offence is not capital;
- The offence is punishable with:
- Imprisonment for life; or
- Imprisonment for a term of seven years or upwards.
Formula
GIVE/FABRICATE FALSE EVIDENCE + INTENT/KNOWLEDGE + SERIOUS NON-CAPITAL OFFENCE + LIFE OR 7+ YEARS = SECTION 231
Q6. What are the two prohibited acts?
Answer:
The section covers:
GIVING FALSE EVIDENCE
and
FABRICATING FALSE EVIDENCE
Either is sufficient if the remaining ingredients are present.
Q7. Must both giving and fabricating occur?
Answer:
No.
The wording is alternative.
A person may be liable if he either:
- Gives false evidence; or
- Fabricates false evidence.
Q8. What is the required mental element?
Answer:
There are two alternative mental states:
- Intent to cause the conviction; or
- Knowledge that it is likely that the false evidence will cause the conviction.
Memory
INTENDS
or
KNOWS LIKELY
Q9. Is specific intent always necessary?
Answer:
No.
Specific intent is one route to liability.
The section also applies where the person knows that the false evidence is likely to cause the serious conviction.
Q10. Is mere negligence enough?
Answer:
No.
The provision requires either:
- Intention; or
- Knowledge of likelihood.
Negligence alone is insufficient.
Q11. Is mere carelessness in giving evidence enough?
Answer:
No.
Section 231 concerns deliberate or knowingly dangerous misuse of false evidence aimed at a serious conviction.
Q12. Must the person actually be convicted?
Answer:
The supplied text focuses on the accused’s intention or knowledge as to causing a conviction.
It does not expressly say that the targeted person must actually be convicted before Section 231 can apply.
The central element is the intended or likely consequence.
Q13. Why is that important?
Answer:
Because the offence is tied to the purpose and likely effect of the false evidence, not merely the ultimate success of the scheme.
A failed attempt to secure conviction may still fall within the provision if the statutory ingredients are proved.
Q14. What kind of underlying offence is required?
Answer:
The targeted offence must be:
- An offence under the law in force in India;
- Not capital; and
- Punishable with:
- Imprisonment for life; or
- Imprisonment for seven years or upwards.
Q15. What does “not capital” mean here?
Answer:
It means the offence is not one punishable with death.
Section 231 therefore applies to serious offences below the capital category.
Q16. Why does the section expressly say “not capital”?
Answer:
Because the provision distinguishes this category from offences for which the law provides capital punishment.
For Section 231, the relevant serious offences are non-capital offences punishable with life imprisonment or seven years and above.
Q17. Is an offence punishable with exactly seven years included?
Answer:
Yes.
The wording is:
“SEVEN YEARS OR UPWARDS”
Therefore:
7 YEARS = INCLUDED
Q18. Is an offence punishable with six years included?
Answer:
No.
An offence punishable only up to six years would not satisfy the seven-years-or-upwards requirement.
Q19. Is an offence punishable with ten years included?
Answer:
Yes.
Ten years clearly falls within:
SEVEN YEARS OR UPWARDS
Q20. Is an offence punishable with life imprisonment included?
Answer:
Yes.
Life imprisonment is expressly mentioned.
Q21. What if the offence is punishable with death?
Answer:
Section 231 expressly deals with offences which are:
NOT CAPITAL
Therefore, a capital offence falls outside this particular section.
Q22. What is the punishment under Section 231?
Answer:
The offender:
SHALL BE PUNISHED AS A PERSON CONVICTED OF THAT OFFENCE WOULD BE LIABLE TO BE PUNISHED
This means the punishment follows the punishment attached to the serious offence whose conviction the false evidence was intended or likely to procure.
Q23. Does Section 231 prescribe one fixed punishment?
Answer:
No.
The punishment depends on the underlying offence.
Q24. Why is the punishment structure unusual?
Answer:
Because the section does not simply impose a fixed maximum term.
Instead, it adopts the punishment exposure of the serious offence that the accused sought to fasten upon another person.
Q25. What is the underlying idea behind this punishment rule?
Answer:
If a person deliberately tries to make another suffer conviction for a serious offence by using false evidence, the law makes the false-evidence offender answerable to the same scale of punishment.
Q26. What does the Illustration say?
Answer:
The Illustration states that:
- A gives false evidence before a Court;
- A intends thereby to cause Z to be convicted of dacoity;
- Dacoity is punishable with imprisonment for life or rigorous imprisonment up to ten years, with or without fine;
- Therefore A is liable to imprisonment for life or imprisonment, with or without fine.
Q27. Why is dacoity used in the Illustration?
Answer:
Because dacoity is a serious non-capital offence carrying punishment within the category contemplated by Section 231.
It therefore clearly demonstrates how the punishment rule operates.
Q28. What does the Illustration teach about punishment?
Answer:
It shows that the false-evidence offender may face the same range of punishment applicable to the serious offence whose conviction he intended to procure.
Q29. Does the Illustration require the targeted person to be actually convicted?
Answer:
The Illustration focuses on A’s intention to cause Z to be convicted and then states A’s liability.
This reinforces the importance of the accused’s intention in the provision.
Q30. What is the significance of the words “by the law for the time being in force in India”?
Answer:
The seriousness of the underlying offence is assessed according to the law currently in force in India.
Thus, the punishment classification of that offence determines whether Section 231 applies.
Q31. Must the false evidence relate directly to the serious offence?
Answer:
Yes, in the sense that it must be given or fabricated with the intention, or knowledge of likelihood, that it will cause the person to be convicted of that offence.
Q32. Is actual injury to the targeted person required?
Answer:
No separate requirement of actual injury is stated.
The offence centres on the false evidence and the intended or likely serious conviction.
Q33. Is financial motive required?
Answer:
No.
No financial gain is required.
Q34. Is malicious intention expressly required?
Answer:
No.
The provision requires:
- Intent to cause conviction; or
- Knowledge of likelihood.
That is sufficient.
Q35. Is dishonest intention expressly required?
Answer:
No.
The section does not use the word “dishonestly.”
Q36. Is fraudulent intention expressly required?
Answer:
No.
The section instead focuses specifically on false evidence and the intended or likely conviction.
Q37. Must the false evidence be given in Court?
Answer:
The Illustration refers to false evidence before a Court, but the statutory text itself uses the broader expression:
“GIVES OR FABRICATES FALSE EVIDENCE”
For study purposes, the statutory requirements of false evidence and the intended conviction remain central.
Q38. What is the classification of Section 231?
Answer:
According to the supplied classification:
- Non-Cognizable
- Non-Bailable
- Triable by the Court of Session
Q39. Is Section 231 cognizable?
Answer:
No.
NON-COGNIZABLE
Q40. Is Section 231 bailable?
Answer:
No.
NON-BAILABLE
Q41. Which Court tries the offence?
Answer:
According to the supplied classification:
COURT OF SESSION
Q42. Why is Section 231 non-bailable despite being non-cognizable?
Answer:
The supplied classification treats it as non-bailable because of the seriousness of the conduct and the severe punishment exposure linked to the underlying offence.
For examination purposes, remember the classification exactly:
NC + NB + SESSION
Q43. What is the easiest classification memory?
Answer:
231 = NON-COGNIZABLE + NON-BAILABLE + COURT OF SESSION
Q44. How does Section 231 differ from Section 232?
Answer:
Section 231
The accused:
GIVES OR FABRICATES FALSE EVIDENCE
with intent or knowledge relating to a serious conviction.
Section 232
The accused:
THREATENS ANOTHER PERSON
with intent to make that person give false evidence.
Memory
231 = CREATE/GIVE FALSE EVIDENCE FOR SERIOUS CONVICTION
232 = THREAT SOMEONE TO GIVE FALSE EVIDENCE
Q45. How does Section 231 differ from Section 233?
Answer:
Section 231
Focuses on:
GIVING OR FABRICATING FALSE EVIDENCE
with intent/knowledge to procure conviction of a serious offence.
Section 233
Focuses on:
CORRUPTLY USING OR ATTEMPTING TO USE FALSE/FABRICATED EVIDENCE
known to be false or fabricated.
Memory
231 = GIVE/FABRICATE FOR CONVICTION
233 = USE FALSE EVIDENCE
Q46. Is Section 231 a general false-evidence provision?
Answer:
It is a specially aggravated provision because it links false evidence with the intended conviction for a serious offence.
Q47. Why is the seven-year threshold important?
Answer:
Because it separates the aggravated category under Section 231 from less serious offences.
The underlying offence must be punishable with:
LIFE OR 7+ YEARS
Q48. What if an offence carries a maximum of seven years?
Answer:
It is included.
The words are:
SEVEN YEARS OR UPWARDS
Q49. What if the offence carries a maximum of three years?
Answer:
Section 231 would not apply on that basis because the punishment threshold is not met.
Q50. What if the offence is punishable with life imprisonment alternatively with ten years?
Answer:
It falls within Section 231.
The Illustration involving dacoity demonstrates precisely this type of punishment structure.
Q51. What if the accused intends merely to embarrass another person but not procure conviction?
Answer:
Section 231 would not be attracted merely on that intention.
The false evidence must be connected to an intention or known likelihood of causing conviction for the specified serious offence.
Q52. What if the accused knows conviction is likely but says he did not specifically desire it?
Answer:
The section may still apply because it expressly covers:
KNOWING IT TO BE LIKELY
that the false evidence will cause the conviction.
Q53. Why are intent and knowledge written separately?
Answer:
Because the law covers both:
- A person who positively aims at the conviction; and
- A person who knows that his false evidence is likely to produce that consequence.
Q54. What is the easiest problem-question test?
Answer:
Ask:
- Did the accused give or fabricate false evidence?
- Did he intend to cause conviction, or know conviction was likely?
- Was the targeted offence non-capital?
- Was it punishable with life imprisonment or seven years or more?
- If yes, Section 231 becomes relevant.
Q55. What are the key words to remember?
Answer:
FALSE EVIDENCE
GIVE / FABRICATE
INTEND / KNOW LIKELY
CONVICTION
NON-CAPITAL
LIFE / 7+ YEARS
Key Provisions (Study Notes)
1. Prohibited Conduct
The section covers:
GIVING FALSE EVIDENCE
or
FABRICATING FALSE EVIDENCE
2. Mental Element
The accused must:
INTEND TO CAUSE CONVICTION
or
KNOW IT IS LIKELY TO CAUSE CONVICTION
3. Serious Offence Threshold
The targeted offence must be:
NON-CAPITAL
and punishable with:
LIFE IMPRISONMENT
or
7 YEARS OR UPWARDS
4. Punishment
The offender is punishable:
AS A PERSON CONVICTED OF THAT OFFENCE WOULD BE LIABLE TO BE PUNISHED
5. Illustration
False evidence intended to procure conviction for dacoity attracts the punishment liability applicable to dacoity.
Essential Ingredients — Rapid Recall
GIVE / FABRICATE FALSE EVIDENCE
+
INTENT TO CAUSE OR KNOWLEDGE OF LIKELY CONVICTION
+
NON-CAPITAL OFFENCE
+
LIFE OR 7+ YEARS
= SECTION 231
Punishment Formula
PUNISHMENT OF FALSE-EVIDENCE OFFENDER
=
PUNISHMENT LIABILITY OF PERSON CONVICTED OF TARGET OFFENCE
Classification Notes
According to the supplied material:
NON-COGNIZABLE
NON-BAILABLE
COURT OF SESSION
Memory
231 = NC + NB + SESSION
IPC Equivalent and BNS Change
According to the supplied comments:
Section 231 BNS = Section 195 IPC
The substantive language remains unchanged.
The stated drafting change in the Illustration is:
“COURT OF JUSTICE” → “COURT”
Section 231 vs Section 232
Section 231
GIVE/FABRICATE FALSE EVIDENCE TO PROCURE SERIOUS CONVICTION
Punishment follows the serious offence.
Section 232
THREAT PERSON TO GIVE FALSE EVIDENCE
Basic punishment up to seven years, with further consequence where an innocent person suffers a grave sentence.
Section 231 vs Section 233
Section 231
GIVE OR FABRICATE
with serious-conviction intent/knowledge.
Section 233
USE OR ATTEMPT TO USE
false or fabricated evidence known to be false.
Quick Revision Notes
Section
231 BNS
Title
Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
IPC Equivalent
Section 195 IPC
Act
Give or fabricate false evidence.
Mens Rea
Intent to cause conviction or knowledge that conviction is likely.
Target Offence
Non-capital offence.
Punishment Threshold
Life imprisonment or seven years or upwards.
Punishment
Same punishment liability as a person convicted of the targeted offence.
Illustration
False evidence aimed at procuring conviction for dacoity.
Classification
Non-Cognizable + Non-Bailable + Court of Session
BNS Change
“Court of Justice” in the Illustration replaced with “Court.”
Exam Traps
Trap 1 — Forgetting that the offence must be non-capital
Section 231 expressly says:
NOT CAPITAL
Trap 2 — Thinking the threshold is “more than seven years”
Incorrect.
The wording is:
SEVEN YEARS OR UPWARDS
Therefore exactly seven years is included.
Trap 3 — Requiring only intention
Knowledge that conviction is likely is also sufficient.
Trap 4 — Treating negligence as sufficient
Incorrect.
Section 231 requires intent or knowledge of likelihood.
Trap 5 — Thinking actual conviction is always expressly required
The statutory wording focuses on intent or knowledge of likelihood to cause conviction.
Trap 6 — Inventing a fixed seven-year punishment for Section 231
Incorrect.
Punishment follows the targeted serious offence.
Trap 7 — Confusing Section 231 with Section 232
Remember:
231 = GIVE/FABRICATE
232 = THREAT
Trap 8 — Confusing Section 231 with Section 233
Remember:
231 = CREATE/GIVE FALSE EVIDENCE FOR SERIOUS CONVICTION
233 = USE FALSE EVIDENCE
Trap 9 — Thinking Section 231 is bailable
Incorrect.
According to the supplied classification:
NON-BAILABLE
Trap 10 — Forgetting Court of Session
The supplied classification states:
COURT OF SESSION
Rapid Revision Chain: Sections 231–248
231 = FALSE EVIDENCE FOR SERIOUS 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
Best Memory Sequence
231 = CONVICT
232 = THREAT
233 = USE EVIDENCE
234 = ISSUE CERTIFICATE
235 = USE CERTIFICATE
236 = MAKE DECLARATION
237 = USE DECLARATION
238 = SCREEN
239 = SILENCE
240 = LIE
241 = DESTROY
242 = PERSONATE
243 = REMOVE
244 = FALSE PROPERTY CLAIM
245 = SUFFER
246 = FALSE CLAIM
247 = OBTAIN
248 = ACCUSE
Ultimate Memory Formula
SECTION 231
GIVE OR FABRICATE FALSE EVIDENCE
+
INTEND TO CAUSE / KNOW LIKELY TO CAUSE CONVICTION
+
NON-CAPITAL OFFENCE
+
LIFE IMPRISONMENT OR 7 YEARS AND ABOVE
= PUNISHMENT AS IF CONVICTED OF THAT OFFENCE
Key Takeaway
Section 231 BNS deals with aggravated false evidence aimed at procuring conviction for a serious non-capital offence.
The essential structure is:
FALSE EVIDENCE
+ GIVE OR FABRICATE
+ INTENT OR KNOWLEDGE OF LIKELY CONVICTION
+ NON-CAPITAL OFFENCE
+ LIFE OR 7+ YEARS
The punishment is not a separately fixed term. Instead:
THE FALSE-EVIDENCE OFFENDER IS PUNISHED AS A PERSON CONVICTED OF THE TARGETED OFFENCE WOULD BE LIABLE TO BE PUNISHED
According to the supplied classification, the offence is:
Non-Cognizable + Non-Bailable + Court of Session
According to the supplied comments:
Section 231 BNS = Section 195 IPC
with the Illustration updated from “Court of Justice” to “Court.”
Final Memory Line
“231 = GIVE OR FABRICATE FALSE EVIDENCE TO PROCURE CONVICTION FOR A NON-CAPITAL OFFENCE PUNISHABLE WITH LIFE OR 7+ YEARS → FACE THAT OFFENCE’S PUNISHMENT.”
