False Evidence By: RACHITA MATHUR

As per Section 3 of the Indian Evidence Act, Evidence means any statement which is permitted by the court on oath and any document which is produced by the court. The evidence is of two types Oral and Documentary Evidences. False Evidence when made by a person who is false Bound by oath or by an express provision of law or a declaration which a person is bound by law to make on any subject and  when such statement is false and which he either knows or believes to be false or does not believe to be true. The condition for an application of Section 191 is the legal obligation to state the truth or to make a false declaration and belief in falsity.  The Section 8 deals with Legally Bound by Oath a person is legally bound by oath if, It is a duty of the state to reveal truth by an express provision or bound by law to make such declaration. If there is any legal obligation or an express Provision of law. The person who takes the oath knows that he is laying will be punished under section 191 of the Indian Penal Code. No application to advocates. Section 192 of the Act, Indian Evidence Act Essentials of fabricating false evidence if any circumstance exists or any false entry is made in any book or record etc, containing a false statement. Which Intend that such circumstances, false entry or false statement may appear in evidence in a Judicial proceeding or where a proceeding taken by law before a public servant, an arbitrator and helps to  form an opinion upon the evidence, to entertain an erroneous opinion or touching any point material to the result of such proceeding. Section 195 deals with giving or fabricating false evidence with an intention for an offence punishable with imprisonment for seven years or more or life imprisonment. As a person convicted of that offence would be liable to be punished. Section 195A of Indian Penal Code is added by Amendment Act, 2006. The act must amount to threatening another with an injury to his person, reputation or property or to the person or reputation of anyone in whom that person is interested. The intention of the accused person should be to give false evidence. Punishment is imprisonment of either description for a term which may extend to seven years, or with fine, or with both.  A person when uses evidence which he knows it to be false comes under Section 196. Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be fabricated or false evidence.

Case Laws:

Dr S Dutt V.  State of UP

In this case Supreme Court held that the conduct of doctor should be covered under Section 196 under corruptly.

Kodali Puran Chandra Rao v. Public Prosecutor, Andhra Pradesh

Supreme Court, in this case held that although there is no definite evidence on investigating authorities it can be said that they have given false information and a prima facie is established based on the facts and therefore the police officer is held guilty under Section 201 for giving false information.

Section 198 states that using a true certificate which is known to be false. Ingredients of section 197 must be fulfilled. A Person who corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in a material point. The section futher talks about to issue or signed the false certificate whereas section 198 is to use the certificate as a true certificate which is false.  Section 199 states about a false statement made in declaration which is receivable by law as evidence. A person who gives the statement or declaration should be false. A document making the declaration should be received as evidenced by a court of justice or public servant or other person authorized by law. A Declaration means which a person gives in front of the court is false or believes not to be true is punished Section 200. Section 201 to 229A is related to offences against public justice which is described further. There are two categories there are two categories causing disappearance and false information both intentions are to screen the offender Section 201states that the offence must have committed. An accused must cause the disappearance of the evidence with respect to the offence committed. If he gives false information about the offence with an intention the offender will be punished. Section 202 deals with Omission to give information. There should be knowledge or reasons to believe that an offence has been committed. The person should intentionally omit to give any information regarding that offence.  He should be legally bound to give still he omits to give information. He shall be punished with imprisonment  for a term which may extend to six months or with fine or with both. Intentional Omission to Give Information must be done in good faith so that it is avoided if they are committed with a bonafide mistake. There should be a legal obligation to give information unless there is no legal obligation to give information a person cannot fall under Section 202. Section 203 deals with giving false information respected an offence committed that is the offence has been committed. If an accused know or he had reason to believe that such an offence has been committed.  He gave the information to that offence. The information so given was false when he gave such information he knew or believed it to be false. The offence under this section is non-cognizable, but warrant may issue in the first instance. It is bailable but not compoundable and triable by any Magistrate.

At the end I want to conclude that false evidence is also known as forged evidence and intention to give such evidence is to procure the conviction and to make the innocent guilty. which is clearly explained under section 191 and 192 of the Indian Evidence Act.

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