Fabricating and Using False Evidence Under the BNS (Sections 228, 229 and 233): IPC 192 to 196 Mapping (2026)
What fabricating false evidence means under the Bharatiya Nyaya Sanhita, which exact section carries it, the old Indian Penal Code sections it replaced, and the punishment. Includes how Section 233 (using false evidence) fits in. Last verified October 2026.
Explainer · New Criminal Code · BNS
A document is forged to support a claim. A false entry is made in a register. An object is planted so that a court draws the wrong conclusion. These acts are not just dishonest, they strike at how courts find the truth, so the law punishes the making of false evidence as a serious offence. Under the new criminal code, fabricating false evidence is defined in Section 228 of the Bharatiya Nyaya Sanhita, 2023 (old Section 192 of the Indian Penal Code), and the punishment is set in Section 229 (old Section 193). A related offence, using evidence known to be false, is Section 233. This explainer sets out each one, the exact old to new mapping, and the punishment. Last verified October 2026.
- What it is: creating false evidence (a document, entry, or circumstance) to make a court or public servant form a wrong opinion on a material point.
- Exact section: fabricating false evidence is Section 228 of the BNS (old IPC 192); the punishment is in Section 229 (old IPC 193).
- Related section: Section 233 of the BNS (old IPC 196) covers using evidence known to be false, punished the same way.
- Punishment: up to 7 years and fine if meant for a judicial proceeding; up to 3 years and fine otherwise.
- Note: giving false evidence is Section 227 (old IPC 191). Pick the correct section for the act.
01The problem: false evidence in a case
A court decides on the evidence before it. If that evidence is false, the decision can be wrong, and an innocent person can suffer or a guilty one can escape. For this reason, the law treats the creation and use of false evidence as an offence against public justice, separate from the main dispute.
There are three linked ideas here, and it helps to keep them apart. Giving false evidence is lying under oath or in a declaration the law accepts. Fabricating false evidence is creating material, such as a false document or entry, so that a court or public servant forms a wrong opinion. Using evidence known to be false is putting such false evidence forward as if it were genuine.
This page focuses on fabricating false evidence, and explains how it connects to the related offences in the Bharatiya Nyaya Sanhita, 2023.
02What fabricating false evidence means
A person fabricates false evidence when they cause a circumstance to exist, or make a false entry in a book or record, or make a document or electronic record containing a false statement, intending that it may appear in evidence and cause a court or public servant to form a wrong opinion on a point material to the proceeding.
The key is intent. The material is created so that it can be used as evidence and lead to a wrong conclusion on something that matters in the case. The false statement does not have to be used at all. The offence is complete once the false evidence is made with that intent.
Fabricating false evidence is the manufacture of a lie in a form a court might believe. The offence is complete when the false material is made with intent to mislead.
03The exact section numbers
The new code splits these ideas across separate sections. Getting the number right matters, because a charge under the wrong section can be challenged.
| Idea | BNS section | Old IPC section |
|---|---|---|
| Giving false evidence | Section 227 | Section 191 |
| Fabricating false evidence | Section 228 | Section 192 |
| Punishment for false evidence | Section 229 | Section 193 |
| Using evidence known to be false | Section 233 | Section 196 |
A note on the numbering
Fabricating false evidence, which answers to the old Section 192, is Section 228 of the BNS. Its punishment sits in Section 229 (old Section 193). Section 233 of the BNS is the distinct offence of using evidence known to be false (old Section 196). If you searched for Section 233 expecting fabrication, this is the reason the heading can look off.
04Old to new mapping
The four offences carry over from the Indian Penal Code, 1860, with the same core meaning. The definitions now also make clear that false entries can include electronic records, which fits the way documents are kept today.
Because the substance is the same, the long line of case law on the old Sections 191 to 196 continues to guide how the BNS sections are read. The main practical change is the renumbering, so filings and charge sheets must use the new numbers.
05The punishment
The punishment for both giving and fabricating false evidence is set in Section 229 of the BNS (old Section 193). It has two levels, by where the false evidence was meant to be used.
- In a judicial proceeding: imprisonment of either description up to seven years, and fine.
- In any other case: imprisonment of either description up to three years, and fine.
Section 233, using evidence known to be false, provides that the person is punished in the same way as if they had given or fabricated that false evidence. So the use of false evidence carries the same punishment as its making.
06Practical points
- Pick the correct section. Decide whether the act is giving false evidence, fabricating it, or using it, and cite the right BNS number. The facts decide, and the wrong number can be challenged.
- Intent to mislead is central. For fabrication, the material must be made so that a court or public servant forms a wrong opinion on a material point.
- Where it was used changes the punishment. False evidence meant for a judicial proceeding carries the higher term, up to seven years.
- Mind the procedure for court offences. Offences that touch proceedings in a court often need a specific route to launch a prosecution. Confirm the correct procedure.
- Read the current text. Check the sections and classification on the day you advise or file.
For related offences against public justice, see causing disappearance of evidence or screening an offender and making a false charge of an offence.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Working on a false-evidence case means reading how courts have drawn the line between fabrication, giving false evidence, and using it, and then following the live matter. Claw helps with both. You can search more than 30 crore judgments, from the Supreme Court since 1950 and the High Courts since 1990, with results in under five seconds, and follow the cases, orders and hearings by party or advocate name across 9,102 courts, benches and forums. Claw does not use your case documents to train its AI models.
Open a free Claw account to look up orders under Sections 228, 229 and 233 and keep watch on a live matter by party or advocate name. To search across the court system, see our hub on case search across Indian courts.
08Sources and further reading
- India Code (official text of central Acts): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Annotated BNS, Chapter XIV (false evidence): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The BNS can be amended and courts interpret it over time, so check the current text and take advice from counsel before you act.
09Frequently asked questions
What section covers fabricating false evidence in the BNS?
Fabricating false evidence is defined in Section 228 of the Bharatiya Nyaya Sanhita, 2023, which answers to the old Section 192 of the Indian Penal Code. The punishment for it is set in Section 229 (old Section 193).
What is Section 233 of the BNS?
Section 233 of the BNS is the offence of using as true any evidence that the person knows to be false or fabricated. It answers to the old Section 196 of the Indian Penal Code. The punishment is the same as for giving or fabricating that false evidence.
Which old IPC sections do these offences replace?
Giving false evidence is Section 227 (old IPC 191). Fabricating false evidence is Section 228 (old IPC 192). The punishment is Section 229 (old IPC 193). Using evidence known to be false is Section 233 (old IPC 196).
What is the punishment for fabricating false evidence?
Under Section 229, if the false evidence was meant for a judicial proceeding, imprisonment up to seven years and fine. In any other case, imprisonment up to three years and fine. Using evidence known to be false under Section 233 carries the same punishment as making it.
What is the difference between giving and fabricating false evidence?
Giving false evidence is lying under oath or in a declaration the law accepts, under Section 227. Fabricating false evidence is creating material, such as a false document or entry, so that a court or public servant forms a wrong opinion, under Section 228. They are separate offences.
Can I search and track false evidence cases on Claw?
Yes. Claw lets you search more than 30 crore judgments in under five seconds and follow cases, orders and hearings by party or advocate name across 9,102 courts, benches and forums. It helps you find and follow cases, but it does not give legal advice.