Section 235 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 235 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the use of a false certificate known to be false. Here's a clear breakdown:
📄 Section 235 – Using as True a Certificate Knowingly False
“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.” (devgan.in)
Key points to note:
The certificate must be one that’s recognized by law as admissible evidence.
The person must knowingly use it as though it were true.
The term “corruptly” implies intent to deceive or defraud.
The punishment parallels that for giving or fabricating false evidence, meaning it’s treated very seriously under the Act—potentially leading to imprisonment and/or fines.
Context within the Act
Section 235 is placed amid other offences related to false evidence and misuse of evidence—such as:
Section 234: Issuing or signing a false certificate knowing it to be false.
Section 236 & 237: Similar provisions for declarations. (devgan.in)
These are all located in Chapter XIV of the Bharatiya Nyaya Sanhita, 2023, which governs offences against public justice. (devgan.in)
Practical Implications
Scenario
Outcome
A doctor knowingly issues a false medical certificate for an alibi.
They’re criminally liable under Section 235.
Someone submits a fake property value certificate in court.
That’s also covered—treated as though false evidence was given.
Honest mistake (without knowledge)?
This section requires knowing use of a false certificate—so unintentional acts may fall outside it, depending on other provisions.
Relation to Earlier Law
This mirrors Section 233 of the old Indian Evidence Act, 1872—also proscribing the use of false evidence knowingly. The new Act has essentially consolidated and updated these rules. (devgan.in, thebharatiyanyayasanhita.in, prsindia.org, cdtihyd.gov.in)
✅ Summary
In essence, Section 235 makes it a criminal offence to knowingly use a certificate you know is false—punishable the same as giving or fabricating false evidence. This upholds the integrity of documentary evidence in legal proceedings.
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