Issuing or signing false certificate
Section 234 of the Bharatiya Nyaya Sanhita, 2023 deals with issuing or signing false certificate. Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evide The Act came into force on 01 Jul 2024.
Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence.
Section 234, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 197 Issuing or signing false certificate Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Knowingly issuing or signing a false certificate relating to any fact of which such certificate is by law admissible in evidence. | The same as for giving false evidence. | Non-cognizable. | Bailable. | Court by which offence of giving false evidence is triable. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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H.d.f.c. Bank Ltd. through Mr. Jayanta Banerjee& ANR. vs State of Bihar& ANR.
Decided under Indian Penal Code 197, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The Indian Penal Code does not contemplate vicarious liability on the part of a party who is not directly charged for commission of an offence. When a dispute arises from employment termination and the complainant seeks to convert it into a criminal case by making allegations of defamation and fraud against corporate officials without establishing their direct personal involvement in the alleged wrongdoing, such FIR constitutes malicious prosecution and abuse of process of law and is liable to be quashed. The availability of civil remedies for employment disputes precludes the invocation of criminal law for the same cause of action.
On this section: Cited regarding prosecution of public servants; court examined whether this section applied to the accused officials
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 234
What have the courts held on Section 234 of the Bharatiya Nyaya Sanhita?
H.d.f.c. Bank Ltd. through Mr. Jayanta Banerjee& ANR. vs State of Bihar& ANR. (29 Aug 2022) is the leading judgment on this section among those set out below, though it was decided under IPC 197, which this section replaced -- the court never mentioned this Act: Cited regarding prosecution of public servants; court examined whether this section applied to the accused officials.
Is Section 234 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 234 of the Bharatiya Nyaya Sanhita cognizable?
Non-cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Court by which offence of giving false evidence is triable.
How do I find court cases under Section 234 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 234, section 234 BNS, section 234 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 234 punishment and bns 234 4. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with H.d.f.c. Bank Ltd. through Mr. Jayanta Banerjee& ANR. vs State of Bihar& ANR. (29 Aug 2022).
What should I read with Section 234 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 197 (Issuing or signing false certificate), so the judgments decided under that provision are the case law on this one.
When did Section 234 of the Bharatiya Nyaya Sanhita come into force?
Section 234 of the Bharatiya Nyaya Sanhita, cited as BNS 234, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.