Section 235 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 235 of the Bharatiya Nyaya Sanhita (BNS), 2023, which falls under Chapter XIV: False Evidence and Offences Against Public Justice:
📜 Section 235 – Using as true a certificate known to be false
Text of the Offence:
“Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.”
⚖️ Key Legal Elements
Certificate
A certificate that is legally admissible in evidence—e.g., educational, medical, or other official certificates.
Corrupt Use or Attempt
The individual must knowingly or with intent use—or try to use—the false certificate as genuine.
Knowledge of Falsity in a Material Point
The falseness must be in a material aspect—i.e., something that significantly affects the certificate’s authenticity or validity.
Intent
The use must be corrupt, meaning intended to deceive or mislead through wrongful gain or advantage.
🏛️ Punishment
The offender is punishable “in the same manner as if he gave false evidence.”
This typically involves the same sentencing guidelines as Section 225–227, which includes:
Variable imprisonment terms (ranging from moderate to severe depending on the context)
Possible fines
Classifications as cognizable, bailable, and triable by courts empowered for false evidence cases
📚 Context Within Chapter XIV
Section 235 is positioned alongside related offences:
Section 234 – False statement in a declaration
Section 236 – Using such false declaration as true
It mirrors provisions for misuse of certificates rather than declarations
🛡️ Practical Implications
Scenario Examples:
Submitting a fake degree to obtain employment.
Presenting a forged medical certificate to claim benefits or exemptions.
Enforcement Impact:
A law enforcement official or employer relying on such certificates may lose rights in legal or administrative proceedings if acted upon.
Legal Proceedings:
Charges under Section 235 will specify the falsity in the certificate, the manner of its use, and the corrupt intent, mirroring charges for false evidence.
✅ Summary Table
| Section | Offence | Punishment |
|---|---|---|
| 235 | Using a certificate known to be false, as if it were genuine | Same as giving false evidence—imprisonment and/or fine |
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