Section 93 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
**Section 93 — Offence of Fabrication of False Evidence
(Bharatiya Sakshya Adhiniyam, 2023)**
1. What Is Section 93 About?
Section 93 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) deals with the crime of fabricating false evidence or tampering with evidence with the intention of misleading a court or obstructing justice.
It penalizes anyone who creates, alters, or manipulates evidence so that the truth cannot be ascertained in legal proceedings.
2. Why Does the Law Punish Fabrication of Evidence?
The criminal justice system depends on truthful and reliable evidence. When evidence is tampered with or fabricated:
✔ Court proceedings are misled
✔ Innocent persons may be convicted
✔ Guilty persons may go free
✔ The rule of law is undermined
Section 93 punishes such conduct to safeguard the integrity of trials.
3. Key Elements of the Offence (Ingredients)
To constitute an offence under Section 93, all of the following elements must generally be present:
(a) Fabrication, Alteration, or Suppression of Evidence
This means the person:
invents false documents, material, or objects,
alters or modifies genuine evidence,
knowingly destroys or conceals evidence,
tampers with physical objects used as evidence.
(b) Knowledge and Intent
The person must knowingly and intentionally fabricate or tamper with evidence. Mere mistake or negligence does not constitute the offence.
(c) Intention to Mislead Judicial or Quasi‑Judicial Proceedings
The act must be done with the purpose of misleading a court or investigative agency, or obstructing the due course of justice.
4. Who Can Be Held Liable Under Section 93?
Section 93 applies to any person who:
✔ Fabricates false evidence
✔ Alters or tampers with existing evidence
✔ Suppresses or destroys evidence deliberately
✔ Attempts to mislead judicial proceedings
This includes witnesses, accused persons, lawyers, police personnel, or any third party involved in tampering with evidence.
5. Illustrative Examples
Example 1
A man plants fake documents in a burglary case to frame B.
A has fabricated evidence to mislead the court.
Offence under Section 93 is made out because the intention was to mislead justice.
Example 2
A driver destroys CCTV footage to cover up involvement in an accident.
Destroying evidence is suppression of evidence.
Section 93 applies as the driver intended to obstruct justice.
Example 3
During investigation, X alters a key record in an accounting book to hide fraud.
Alteration of evidence amounts to fabrication under Section 93.
No legitimate reason exists to tamper with evidence.
Example 4
Police officer erases portions of a video to support an incorrect investigation narrative.
Police officer is criminally liable because evidence was tampered with intentionally.
6. Punishment Under Section 93
Section 93 provides for criminal penalties for anyone found guilty of fabricating or tampering with evidence. The punishment may include:
✔ Imprisonment
✔ Fine
✔ Both imprisonment and fine
The severity of the punishment depends on:
The extent of fabrication or tampering
The gravity of the case involved
Whether serious harm resulted from misleading the court
In general, the punishment is meant to be deterrent, given the serious nature of obstructing justice.
7. Is Attempt or Conspiracy Covered?
Yes. If someone:
Attempts to fabricate evidence, or
Conspires with others to tamper with evidence,
they may also be punishable under Section 93, even if the plan did not fully succeed, because the intention to obstruct justice is sufficient.
8. Difference from Perjury and Other Offences
It is important to distinguish Section 93 from other related offences:
| Offence | Main Focus |
|---|---|
| Section 93 (Fabrication of Evidence) | Creating/tampering/suppressing physical or documentary evidence |
| Perjury | Giving false testimony in court |
| False Statement to Police | Making untrue statements during investigation |
| Obstruction of Justice | Acts that impede investigations or court processes (broad) |
Section 93 specifically addresses evidence manipulation, not merely false statements.
9. Policy Reason Behind Section 93
The purpose of Section 93 is to:
✔ Protect the truth‑finding function of courts
✔ Preserve integrity of legal proceedings
✔ Deter manipulation of evidence
✔ Promote fairness in justice system
Without such provisions, the judicial process could be corrupted by fabricated evidence.
10. Summary (Exam‑Ready)
Section 93, BSA, 2023: Penalizes fabrication or tampering with evidence.
Key elements: Fabrication, alteration, suppression; intentional wrongdoing; intention to mislead.
Who is liable: Any person involved in manipulating evidence.
Punishment: Imprisonment, fine, or both.
Purpose: Safeguard integrity of trials and uphold rule of law.
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