Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 230: Giving or Fabricating False Evidence with Intent to Procure Conviction of Capital Offence
(1) Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital by the law for the time being in force in India shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine which may extend to fifty thousand rupees.
(2) If an innocent person be convicted and executed in consequence of false evidence referred to in sub-section (1), the person who gives such false evidence shall be punished either with death or the punishment specified in sub-section (1).
Brief Detail
BNS Section 230 addresses the severe consequences of giving or fabricating false evidence with the intent to procure a conviction for a capital offence. It emphasizes the gravity of such actions, which can lead to life imprisonment or more severe penalties, including the death penalty if an innocent person is executed due to false evidence.
Question & Answers
Q1: What is the punishment for giving or fabricating false evidence intending to cause a capital conviction?
A1: The punishment can be imprisonment for life, rigorous imprisonment for up to ten years, and a fine of up to fifty thousand rupees.
Q2: What happens if an innocent person is convicted and executed due to false evidence?
A2: The person who provided the false evidence can be punished with either the death penalty or the punishment specified in sub-section (1).
Example
Example Scenario:
If a witness intentionally lies in court to ensure the conviction of an individual for a capital offence, and that individual is later executed, the witness may face severe penalties, including life imprisonment or the death penalty.
Summary
BNS Section 230 establishes strict penalties for those who give or fabricate false evidence leading to the conviction of a capital offence, underscoring the serious implications of dishonesty in the legal system and protecting the innocent from wrongful punishment.
