Section 196 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 196 — Punishment for Fabrication of Evidence
1. Purpose of Section 196
Section 196 of the BSA, 2023 is intended to prevent the fabrication, tampering, or false creation of evidence in any judicial, investigative, or administrative proceeding.
The section safeguards the integrity of the justice system.
It ensures that parties, witnesses, or officials cannot submit false evidence to mislead the court or authorities.
Fabricating evidence undermines truth and obstructs justice, which this provision directly addresses.
2. Legal Meaning
Under Section 196:
A person is criminally liable if they fabricate, alter, destroy, or falsely produce evidence knowing that it may be used in judicial or investigative proceedings.
Key points:
The evidence may include documents, electronic records, physical objects, or testimonies.
The act must be intentional, not accidental.
The law applies to any type of proceeding, including civil, criminal, or administrative matters.
3. Elements of the Offence
To establish liability under Section 196, the following elements are required:
Fabrication or Manipulation of Evidence
Creating false evidence, altering real evidence, or destroying genuine evidence with intent to deceive.
Knowledge and Intent
The person must know that the evidence will be presented or used in a proceeding.
Accidental destruction or loss of evidence does not attract liability.
Intended Use in Proceedings
The fabricated evidence must be intended to influence or mislead an investigation, court, or administrative authority.
4. Punishment Under Section 196
Imprisonment: Up to 7 years in serious cases (depending on the type of proceeding and nature of the evidence).
Fine: Monetary penalty may also be imposed, either alone or in addition to imprisonment.
Aggravated Punishment: If the fabrication leads to wrongful conviction, acquittal, or miscarriage of justice, courts may impose enhanced penalties.
5. Practical Examples
Example 1: Fabricating Documents
A person creates fake property sale documents to influence a legal dispute.
If presented in court or during investigation, Section 196 applies.
Example 2: Tampering with Digital Evidence
A person alters electronic records, such as emails or financial statements, to mislead authorities.
Liability arises under Section 196 for falsifying evidence.
Example 3: Destroying Evidence
A suspect destroys CCTV footage relevant to a criminal investigation.
Section 196 can be applied because destruction of evidence is intended to prevent its lawful use.
6. Important Points
Intent Matters: Accidental or negligent loss of evidence is not punishable under Section 196.
Broad Scope: Applies to all forms of evidence — documents, electronic records, physical objects, and testimonies.
Protecting Justice: Designed to ensure truthfulness and reliability in legal proceedings.
Overlap with Other Sections: May overlap with general obstruction of justice provisions but specifically targets fabrication or falsification of evidence.
7. Summary Table
| Aspect | Section 196 BSA, 2023 |
|---|---|
| Purpose | Prevent fabrication or falsification of evidence |
| Who is liable | Anyone who intentionally creates, alters, destroys, or submits false evidence |
| Core Elements | Fabrication, knowledge/intent, intended use in proceedings |
| Punishment | Up to 7 years imprisonment, fine, or both; higher if serious miscarriage occurs |
| Practical Significance | Ensures integrity of judicial, investigative, and administrative processes |
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