BACK TO SECTIONSAIR 1988 SC 709
Non-BailableCognizable: Non-CognizableCourt of Session / Magistrate First Class
Reform Highlights
1
Renumbered from IPC 193–204 to BNS 240–251.
2
False evidence to procure death penalty conviction: up to 10 years — highest in false evidence framework.
3
False charge provision (BNS 248) increasingly important in era of weaponised FIRs.
THE STATUTE
The Clause
Section 240: Giving false evidence in a judicial proceeding with intent to procure conviction of capital offence. Section 241: Giving false evidence in a judicial proceeding with intent to procure conviction. Section 242: Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment. Section 244: Using evidence known to be false.
Legal Commentary
Sections 240–251 are the extended framework of false evidence offences — addressing not just the giving of false testimony (Section 252) but the entire spectrum of false-evidence-related conduct, graduated by the severity of harm the false evidence was intended to cause. Section 240 addresses the most extreme case: giving false evidence specifically intending to procure a conviction for a capital offence (murder, terrorism, etc.). This carries up to 10 years — the law recognises that false testimony that could send an innocent person to death or life imprisonment is an extraordinarily grave act. Section 241 covers false evidence to procure conviction for any offence punishable with 7 or more years — carrying up to 7 years itself. Section 244 targets the user of false evidence — a person who uses evidence they know to be fabricated, even if they did not fabricate it. Section 248 addresses the making of a false charge — filing a false FIR, making a false complaint to police, or lodging a malicious prosecution — with intent to have an innocent person prosecuted. This provision is increasingly significant in the era of weaponised FIRs in matrimonial disputes, business conflicts, and political rivalries. Section 250 protects persons against malicious prosecution by providing criminal liability for those who institute frivolous proceedings. Together these provisions create a comprehensive framework protecting innocent persons from false accusation and the justice system from manipulation.
Landmark Precedents
Madhavrao Jiwajirao Scindia v. Sambhajirao Chandrojirao Angre (1988)
RELEVANCE
Supreme Court addressed the elements of malicious prosecution (false charge) — requiring proof that the prosecution was instituted without reasonable cause and with malice, and that it was ultimately resolved in the accused's favour.
Case Simulations
"A witness who falsely testifies that they saw the accused commit murder — false evidence in judicial proceedings, up to 7 years (Section 241)."
"An estranged spouse who files a false domestic violence complaint with full knowledge of its falsity, to gain custody advantage — false charge under Section 248."
"A disgruntled employee who fabricates email evidence and presents it in an employment tribunal — fabricating and using false evidence."
Expert Insights
After the false case is resolved in your favour, you can file a complaint under Section 248 (false charge) against the person who made the false complaint. You must prove they knew the complaint was false when they made it. Additionally, you may file a civil suit for malicious prosecution seeking damages.
Under Section 240, giving false evidence with the specific intent to procure a conviction for a capital offence (punishable with death) carries up to 10 years — the most severe punishment in the false evidence framework, reflecting the potential to send an innocent person to death.