Punishment for False Evidence under IPC, By Kartikeya Hundet, At LexCliq

Overview

In various circumstances of lying, making a false statement, or using false evidence in the court during the trial is a penal offence. The IPC Chapter XI[1] specifically deals with crimes of giving false evidence or false statement made under oath before a court. Moreover, these offences are punishable as false evidence and fabrication of false evidence by the operation of section 193 of IPC.

Furthermore, the giving of false evidence or false statement under oath by the witness is an obstruction of the administration of justice and is a violation of an order of the court. It is important to establish the concept administration of justice against the practice of giving false evidence by parties to support their claims in the judicial system. Therefore, the penal code has specific provisions to punish and promote justice to the victim against any offence committed under section 191 and 192 of this code. Let understand the meaning of false evidence and the punishment for the offence with respect to section 193 of the code through this article.      

What is section 193?

Section 193 talks about the punishment for the crime committed by the accused under chapter XI such as:

  •       giving false evidence[2],
  •       fabricating false evidence[3],
  •       using evidence known to be false[4],
  •       issuing or signing false certificate in the court proceeding[5], and
  •       using statement during declaration known to be false in the court as evidence [6]

the above mention section related to the offence of giving false evidence which is punishable under section 193 of the IPC. This means whenever a person gives false evidence intentionally at any stage of the trial or planted fabricated evidence knowing to be false at any stage of the trial, such person shall be punished by the court in two ways such as:

  1. If any person follows under the above definition, such person shall be punished with imprisonment of either description for a term which may extend to seven years and also be liable to fine,
  2. However, if any person follows under any other case for giving or fabricating false evidence intentionally, then the person shall be punished with simple or rigorous imprisonment for a term extending up to three years, and also be liable to fine. 

Essential ingredient

When the person has committed an offence of false evidence it required the following point to hold him punishable under section 193 such as:

  •       The person is bound by oath to speak the truth and present correct evidence,
  •       It has been an express provision of law
  •       That a declaration or statement which a person is bound by law to make on any subject
  •       However, such statement or declaration is false and the person knows or believes too false or corrupt

On the fulfilment of the above essential, the person shall be liable to be punished in said section of the IPC.

 

 

 

[1] Of false evidence and offence against public justice

[2] Section 191- Giving false evidence

[3] Section 192 of the Indian Penal Code, 1860

[4] Section 196 of the Indian Penal Code, 1860

[5] Section 197 & 198 of the Indian Penal Code, 1860

[6] Section 199 & 200 of the Indian Penal Code, 1860

 

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