BNS Section 235 - Public Servant Unlawfully Issuing Certificates

Whoever, being a public servant, issues any certificate knowing it to be false or incorrect, shall be punished.

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Bailable, Cognizable

Official Text

Whoever, being a public servant, issues any certificate knowing it to be false or incorrect, shall be punished.

Legal Analysis

Elements to Prove:

  • Being public servant.
  • Issuing certificate.
  • Knowing it to be false or incorrect.

Potential Defenses:

  • Not a public servant.
  • No false certificate issued.
  • Legitimate certificate issuance.

Practical Examples

What Constitutes the Offense:

Government officials issuing fake certificates, public servants providing false documents, officials giving incorrect papers.

What Doesn't Constitute:

Legitimate certificate issuance, authorized documentation, or lawful provision.

Punishment

Imprisonment up to 2 years, or Fine, or both