Section 200 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 200 – Bharatiya Sakshya Adhiniyam (BSA), 2023
1. Textual Meaning (Simplified)
Section 200 of the BSA, 2023 deals with “False Statements or Misrepresentation in Legal Proceedings or to Authorities.”
In simple terms:
Any person who knowingly makes a false statement, misrepresents facts, or submits false evidence to a court, tribunal, or authorized investigating officer is liable under this section.
Key points:
Covers oral, written, or digital statements.
Applies to parties in judicial proceedings, witnesses, or any person interacting with authorities.
Focuses on intentional misrepresentation to mislead or obstruct justice.
2. Objective of Section 200
To ensure truthfulness and integrity in legal proceedings.
To deter perjury, false testimony, or misrepresentation that could affect justice.
To maintain public confidence in courts and legal investigations.
To provide legal accountability for dishonesty in judicial or investigative matters.
3. Key Elements of Section 200
For liability under Section 200, the following elements must exist:
(a) False Statement or Misrepresentation
The person must make a statement that is factually incorrect or misleading.
Includes:
False oral testimony in court
Misrepresented documents
False information submitted electronically or physically
(b) Knowledge or Intent
The person must know the statement is false or act recklessly without verifying the truth.
Innocent mistakes without intent to mislead do not attract liability.
(c) Made to Authority or Court
The false statement must be presented to a judicial authority, investigating officer, tribunal, or statutory authority.
(d) Obstruction of Justice
The act must be capable of misleading the authority, affecting the course of justice, or causing improper decisions.
4. Punishment under Section 200
Imprisonment: Up to 3 years, depending on severity.
Fine: Monetary penalty may also be imposed.
Enhanced Punishment: If false statements result in serious miscarriage of justice, loss of property, or harm to individuals, imprisonment may be extended.
5. Illustrations for Better Understanding
Illustration 1 – False Testimony in Court
A witness knowingly lies about the location of the accused during the commission of a crime.
Punishable under Section 200 for intentional misrepresentation in legal proceedings.
Illustration 2 – Falsified Document Submission
A person submits fake invoices to an investigating officer during a fraud investigation.
Liable under Section 200 as it misleads authorities and obstructs justice.
Illustration 3 – False Statements to Police
Someone gives a deliberately misleading statement about an accident to prevent liability.
Punishable under Section 200.
Illustration 4 – Honest Mistake
A witness incorrectly recalls an event without intending to mislead.
Not punishable under Section 200 because there is no knowledge or intent.
6. Key Principles
Intent Is Crucial: Liability arises only if the person knowingly or recklessly misrepresents the truth.
Applies Broadly: Covers statements oral, written, or digital.
Protection of Justice System: Ensures that judicial and investigative processes are based on accurate information.
Distinction from Honest Mistakes: Section 200 does not punish innocent errors or unintentional inaccuracies.
7. Relation to Other Sections
Complements Sections 83 and 156 BSA, which deal with tampering with evidence and failure to produce evidence, respectively.
Works alongside perjury and obstruction of justice provisions to maintain integrity in legal proceedings.
Ensures that courts and authorities can rely on truthful information during investigations and trials.
8. Importance
Encourages truthful reporting and cooperation in judicial and investigative processes.
Deters fraudulent attempts to mislead authorities.
Protects fair trial rights and public confidence in the justice system.
Critical in the digital era, where false information can be easily transmitted electronically.
Summary Table – Section 200 BSA
| Feature | Section 200 BSA |
|---|---|
| Target | Any person making false statements or misrepresentation |
| Acts Covered | Oral, written, or digital false statements; submission of falsified documents |
| Requirement | Knowledge or reckless disregard of the truth; statement made to judicial or investigative authority |
| Punishment | Up to 3 years imprisonment, fine; more if serious harm occurs |
| Key Principle | Ensures truthfulness and integrity in legal proceedings |
| Exceptions | Honest mistakes or inadvertent errors without intent |
Section 200 BSA is essential because it upholds honesty and accountability in judicial and investigative matters, preventing obstruction of justice and miscarriage of justice due to false information.
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