Using as true a certificate known to be false
Section 235 of the Bharatiya Nyaya Sanhita, 2023 deals with using as true a certificate known to be 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. The Act came into force on 01 Jul 2024.
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.
Section 235, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 198 Using as true a certificate known to be false 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 The repealed enactment still governs what happened while it was in force.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 |
|---|---|---|---|---|
| Using as a true certificate one known to be false in a material point. | 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 198, 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; examined in context of whether accused were acting in official capacity
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Tulsi Das vs State and Anr.
Decided under Indian Penal Code 198, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The issuance of an ownership certificate as a natural consequence of an earlier legitimate property registry does not constitute an offence under Section 207 IPC (Furnishing false information to public servant), as no false information is furnished to the public servant when the certificate merely documents an existing property right established by the earlier registry.
On this section: Cheating. The original complaint was filed under this section, though the exact application is not detailed in the order.
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 235
What have the courts held on Section 235 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 198, which this section replaced -- the court never mentioned this Act: Cited regarding prosecution of public servants; examined in context of whether accused were acting in official capacity. Another 1 judgment on this section is set out below. They run from 2013 to 2022.
Is Section 235 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 235 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 235 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 235, section 235 BNS, section 235 of the Bharatiya Nyaya Sanhita. People searching for it also type 235 bns act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are 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 235 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 198 (Using as true a certificate known to be false), so the judgments decided under that provision are the case law on this one.
When did Section 235 of the Bharatiya Nyaya Sanhita come into force?
Section 235 of the Bharatiya Nyaya Sanhita, cited as BNS 235, 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 14 Oct 2026. This page is not a substitute for legal advice.