BACK TO SECTIONS(2010) 3 SCC 571
Non-Bailable (for judicial proceedings)Cognizable: Non-CognizableCourt of Session / Magistrate First Class
Reform Highlights
1
Renumbered from IPC 192–200 to BNS 253–265.
2
False electronic evidence explicitly within scope.
3
Certificate fraud provisions broadly applicable to digital credentials.
THE STATUTE
The Clause
Section 253: Fabricating false evidence. Section 254: Using evidence known to be false. Section 255: Issuing or signing false certificate. Section 256: Using a false certificate. Section 257: Making a false declaration.
Legal Commentary
Sections 253–265 complete the perjury and evidence integrity framework that begins with Section 252 (giving false evidence). While Section 252 addresses testimony, Section 253 addresses the creation of false physical evidence — manufacturing, altering, or staging evidence to be used in legal proceedings. This is a graver offence than perjury because it involves active fabrication rather than false testimony. Section 253 covers the forensic fraudster who plants evidence at a crime scene, the police officer who creates false digital evidence, the litigant who fabricates a contract, or the person who stages an accident to support an insurance claim. Section 254 punishes the person who uses evidence they know to be false — closing the gap for those who receive fabricated evidence from others and use it in proceedings. Sections 255–257 target the ecosystem of false certificates and declarations — doctor's certificates for sick leave, income certificates for government schemes, educational certificates, caste certificates, and domicile certificates are among the most commonly fabricated documents in India. Each false certificate that enters official proceedings corrupts the decision-making of institutions that rely on them.
Landmark Precedents
State of West Bengal v. Committee for Protection of Democratic Rights (2010)
RELEVANCE
False impersonation in court proceedings undermines constitutional due process — BNS 253–265 provisions on false evidence and public justice safeguard the integrity of proceedings.
Case Simulations
"A police officer who plants drugs on a suspect to create evidence for an arrest — fabricating false evidence under BNS 253."
"A person who submits a fabricated income certificate to qualify for a government housing scheme — false certificate under BNS 255/256."
"A party to a civil suit who manufactures a backdated contract to support their property claim — fabricating false evidence under BNS 253."
Expert Insights
Yes. Fabricating false evidence under Section 253 applies to any person — including police officers. A police officer who plants a weapon at a crime scene or creates false forensic documentation commits this offence and may also be liable for the related offences of causing wrongful prosecution.
Yes. Issuing a false medical certificate (Section 255) and using it (Section 256) are both offences. The doctor who issues the false certificate and the employee who uses it are both criminally liable.