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OFFENCES OF FALSE EVIDENCE[1]
AND
OFFENCES RELATING TO DOCUMENTS[2]
(Section 191 to 200)
QUESTION BANK
- 1 Define the offence of “Giving False Evidence” and distinguish it from Fabricating false evidence
Q.2 Explain the concept about “Giving False Evidence” and Fabricating false evidence
SHORT NOTES
- Cheating by personation.
- Giving False Evidence
- Fabricating false evidence
SYNOPSIS
I] Giving false evidence, S. 191
Explanation I
Explanation II
Declaration
II] Fabricating false evidence (S. 191)
III] Distinction between “giving false evidence” and “fabricating false” evidence
1) As to intention
2) Binding obligation
3) As to material point
4) Effect on officer
5) Present proceeding
IV] Punishment (S. 193)
Explanation 1 and 2
Explanation 3
Declaration
V] Aggravated forms of offences of “giving and fabricates false evidence”
(S. 194 & 195)
VI] Allied offences punishable with same punishment (S. 196 to 200)
i) being legally bound
ii) being bound by law to make a declaration upon any subject. |
makes any statement –
a) which is false, and b) which he either knows or believes to be false, or c) does not believe it to be true,
|
I] Giving False Evidence[3] (S. 191):-
Whoever,-
-is said to give false evidence.
Explanation[4] I – A statement is within the meaning of this section, whether it is made
verbally or otherwise.
Explanation II – A false statement as to the belief of the person attesting is within the
meaning of this section, and a person may be guilty of giving false
evidence by stating that he believes a thing which he does not believe,
He also states that he knows a thing that he does not know.
Illustration
(a) A, in support of a just claim which B has against Z for one thousand
rupees, falsely swears on a trial that he heard Z admit the justice of B’s claim. A has given false evidence.
(b) A, being bound by an oath to state the truth, states that he believes a
certain signature to be the handwriting of Z when he does not believe it to be the handwriting of Z. Here, A states that which he knows to be false and, therefore, give false evidence.
(c) A, knowing the general character of Z’s handwriting, states that he
believes a certain signature to be the handwriting of Z, A in good faith, believing it to be so. Here, A’s statement is merely as to his belief and is true as to his belief, and therefore, although the signature may not be Z’s handwriting, A has not given false evidence.
In Ranjit Singh V/s State of Pepsa[5]
Facts:- The police officer filed a false affidavit before the High Court in the writ petition. Petitioner alleges that the officer has arrested a person illegally, and he may be released. He had filed a habeas corpus writ.
Held: The police officer has committed the offence of giving false evidence, which is punishable under section 191 and section 193.
Declaration:– A declaration means a formal statement made in writing and
required by law to be made in writing.
II] Fabricating False Evidence[6] (S. 192)
– Whoever,-
| i) causes any
circumstance to exist, or ii) makes any false entry in any book or record or electric record, or iii) makes any document- or electric record containing a false statement. |
Intending that such circumstance false entry, the false statement may appear
i) in evidence in a judicial proceeding, or ii) in a proceeding taken by a law before public the servant as such, or iii) before an arbitrator and that, |
such circumstance false entry or false statement, so appearing in evidence may cause any person who in such proceeding is to form an opinion upon the evidence.
To entertain (form) an erroneous opinion touching any point material to the result of such proceeding. |
- It is said to fabricate false evidence.
Ingredients:-
Fabricating false evidence has the following ingredients-
- a) Causing any circumstance to exist, or to make a false entry in a book or
record or make a document containing a false statement.
- b) The above things must have been done with an intention that it might
appear in evidence in a judicial proceeding or a proceeding taken by law before a public servant or an arbitrator.
- c) The above things so appearing in evidence may cause the person
conducting the proceeding to form an erroneous opinion about the subject
- d) The formation of opinion should be touching any point material to the
result of such a proceeding.
III] Distinction between “Giving False Evidence” and “Fabricating False”
Evidence
The Code has put both these offences on equal footing. However, there are
following distinctions between these two viz.
1) As to Intention-
In fact, in both these offences, intention is required. However, there lies the distinction between the natures of intention. In giving false evidence, the general intention is sufficient. Whereas in “fabricate false evidence,” particular intention, i.e., intention to use false circumstance, entry, or document in evidence to procure the formation of an erroneous view or opinion on a material point, is necessary.
2) Binding Obligation
When giving false evidence, a person must be bound by an oath or by an express provision of law to state the truth or to make a declaration, whereas this is not necessary when fabricating false evidence.
3) As to the material point
In giving false evidence, the false statement need not be made on a material point, whereas, in fabricating false evidence, the evidence fabricated must be on a material point.
4) Effect on Officer
The effect of false evidence upon an officer is not necessary when giving false evidence, whereas it is necessary when fabricating false evidence.
5) Present Proceeding
In giving false evidence, it is necessary that there should be a proceeding present, whereas, in fabricating false evidence, the present petition is not necessary; it is sufficient if there is the likeliness of proceeding in the future.
IV] Punishment (S. 193)
- 193 prescribes punishment for the offences defined under S. 191, i.e., giving false evidence, and S. 192, i.e., fabricating false evidence. The section prescribes the same punishment for both these offences; rather, it puts both these offences on equal footing for the sake of punishment. However, S. 193 prescribes punishment in two sets.
- i) In the first set, intentionally giving false evidence in a judicial proceeding or fabricating false evidence for its use in judicial proceedings is punishable with imprisonment for up to 7 years and a fine.
- ii) In the second set, giving false evidence in any case other than judicial proceedings and fabricating false evidence for any purpose other than to be used in judicial proceedings is made punishable with imprisonment for up to 3 years and a fine.
- 193 has 3 explanations. These explanations are given to decide which proceeding is judicial.
Explanations 1 and 2- According to explanations, a judicial proceeding includes a proceeding before a Court of Justice, a court-martial, and also investigations directed by law before a proceeding before the Court of Justice.
Illustration
A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement that he knows to be false. As this inquiry is a stage of a judicial proceeding, A has given false evidence.
Explanation 3- An investigation directed by a Court of Justice according to law and conducted under the authority of a Court of Justice is a state of a judicial proceeding. However, that investigation may not take place before a Court of Justice.
Illustration
A, in an inquiry before the officer deputed by the Court of Justice to ascertain the boundaries of the land on the spot, makes on oath a statement that he knows to be false. As the inquiry is a stage of a judicial proceeding, A has given false evidence.
V] Aggravated Forms of Offences of “Giving and Fabricating False Evidence”
(S. 194 and S. 195):-
Sections 194 and 195 enumerate more serious offences in connection with giving and fabricating false evidence, viz.
1) Giving or fabricating false evidence with intent to procure conviction of a capital offence is punishable with imprisonment for life or imprisonment up to 10 years and a fine.
But, if an innocent person is convicted due to such false evidence or fabrication, the punishment is death or the same as above.
2) Giving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment for life or imprisonment for 7 years or more, the punishment is the same as that of a person convicted for that offence.
VI] Allied Offences Punishable with Same Punishment (S. 196 to S. 200):-
There are some related offences punishable with the same punishment as that of giving or fabricating false evidence, viz-
- Using false or fabricated evidence knowing it to be so (false or fabricated) (S. 196).
- Issuing or signing a false certificate (S. 197).
- Using a certificate as true, knowing it to be false (S. 198).
- False statement made in declaration which is by law receivable as evidence (S. 199).
(5) Using as a true, such declaration, knowing it to be false (S. 200).
*****
[1] खोटा जबाब / पुरावा देणे [झूठा जवाब/सबूत देना]
[2] दस्तैवजा संबंधि गुन्हे [दस्तावेजों से संबंधित अपराध]
[3] खोटा जबाब / पुरावा देणे
[4] दस्तैवजा संबंधि गुन्हे
[5] (AIR 1959) Pg. 843.
[6] खोटा जबाब देणे, घोशना करने [झूठा सबूत गढ़ना]