Section 237 BNS: Using as True Declaration Known to Be False

Section 237 of Bharatiya Nyaya Sanhita: Using as True Declaration Known to Be False

Official Bare Act Text

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

Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.

Explanation — —A declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of section 236 and this section.

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 237 BNS Using as True Declaration Known to Be False	Imprisonment extending to 2 years, or fine, or both.	Bailable	Non-Cognizable	Court by which offence triable	Formerly Sec 200 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 237

Section 237 penalises corruptly using or attempting to use as true any declaration known to be false in a material point, equating the user's liability to that of the false declarant.

False Declaration: A declaration receivable as evidence containing false statements.
Use as True: Corruptly tendering, filing, or producing it before a court or authority.
Guilty Knowledge: Knowing that the declaration contains false material statements.

Key Landmark Precedents:

Afzal v. State of Haryana (1996) 7 SCC 397: Reiterated that litigants who knowingly file false declarations by third parties to mislead the court commit serious penal violations.
Chajoo Ram v. Radhey Shyam (1971) 1 SCC 774: Emphasised that perjury must be established by clear proof of knowledge of falsity at the time of filing.

Courtroom Practice & Strategic Litigation Guidance:

In matrimonial or commercial asset disclosure affidavits, if undisclosed bank accounts or properties are exposed, invoke Section 237 alongside Section 379 BNSS.

Section 237: Using as True Declaration Known to Be False

Section 237 of Bharatiya Nyaya Sanhita: Using as True Declaration Known to Be False

BNSS First Schedule Legal Classification

Legal Commentary & Landmark Judgments: Section 237