Section 236 BNS: False Statement in Legal Declaration

Section 236 of Bharatiya Nyaya Sanhita: False Statement Made in Declaration Receivable as Evidence

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Whoever, in any declaration made or subscribed by him, which declaration any Court or any public servant or other person, is bound or authorised by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.

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 236 BNS False Statement Made in Declaration Receivable as Evidence	Same punishment as for giving false evidence.	Bailable	Non-Cognizable	Court by which offence triable	Formerly Sec 199 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 236

Section 236 punishes making a false statement in any declaration which is by law receivable as evidence of any fact, knowing the statement to be false in a material point.

Admissible Declaration: A declaration by law receivable as evidence of any fact (such as a statutory declaration or affidavit).
False Statement: Contains a statement that is false in a material particular.
Mens Rea: The declarant knows the statement to be false, or does not believe it to be true.

Key Landmark Precedents:

Baban Singh v. Jagdish Singh AIR 1967 SC 68: The Supreme Court held that swearing a false affidavit in a high court proceeding constitutes an offence under Section 199 IPC / 236 BNS.
Dhananjay Sharma v. State of Haryana (1995) 3 SCC 757: Police officers who swore false counter-affidavits in habeas corpus proceedings were convicted for perjury and criminal contempt.

Courtroom Practice & Strategic Litigation Guidance:

Examine the verification clause of the declaration. An affidavit stating facts 'true to best of knowledge' where the affiant possessed direct contradictory documentary records proves the offence.

Section 236: False Statement Made in Declaration Receivable as Evidence

Section 236 of Bharatiya Nyaya Sanhita: False Statement Made in Declaration Receivable as Evidence

BNSS First Schedule Legal Classification

Legal Commentary & Landmark Judgments: Section 236