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Section 233: Using in Judicial Proceeding Evidence Known to Be False

Bharatiya Nyaya Sanhita • Chapter XII: Of Contempts of Lawful Authority of Public Servants • Official Statutory Text & Legal Guide

Chapter XII: Of Contempts of Lawful Authority of Public Servants
Court by which offence triable
According as giving false evidence is bailable
Non-Cognizable
Formerly Sec 196 IPC
Section 232 All 358 Sections of Bharatiya Nyaya Sanhita Section 234

BNSS First Schedule Legal Classification

Procedural Trial, Bail & Arrest Mandate under Bharatiya Nagarik Suraksha Sanhita, 2023
Official BNSS Schedule I
Offence / Provision Statutory Punishment Bail Status Cognizance Trial Jurisdiction Old IPC Equivalent
Section 233 BNS
Using in Judicial Proceeding Evidence Known to Be False
 Same punishment as for giving false evidence. According as giving false evidence is bailable Non-Cognizable Court by which offence triable Formerly Sec 196 IPC
Statutory classification established under the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Governs all FIR registrations, bail hearings, and criminal trial jurisdictions in Indian courts.

Legal Commentary & Landmark Judgments: Section 233

Section 233 penalises using or attempting to use evidence known to be false or fabricated, treating the user with the same severity as the actual fabricator.

  • Use in Proceeding: Tendering, producing, or relying upon evidence in any judicial or legal proceeding.
  • Knowledge of Falsity: The person knows or has reason to believe that the evidence is false, forged, or fabricated.
  • Corrupt Purpose: Using such tainted evidence corruptly to obtain an unlawful judicial advantage.
Key Landmark Precedents:
  • Afzal v. State of Haryana (1996) 7 SCC 397: The Supreme Court held that filing false affidavits and forged documents before the Apex Court constitutes both criminal contempt and an offence under Section 196 IPC / 233 BNS.
  • M.S. Ahlawat v. State of Haryana (2000) 1 SCC 278: Held that relying on forged or manipulated documents in judicial proceedings requires prosecution following due procedure under Section 195 CrPC.
Courtroom Practice & Strategic Litigation Guidance:

In litigation, if an opposite party tenders a forged contract, will, or receipt, file an objection under Section 379 BNSS before final arguments to trigger a judicial inquiry.

Section 232 All 358 Sections of Bharatiya Nyaya Sanhita Section 234