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‘Offences of False Evidence’
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OFFENCES OF FALSE EVIDENCE
AND
OFFENCES RELATING TO DOCUMENTS
(Section 191 to 200)
QUESTION BANK
Q. 1 Define the offence of “Giving False Evidence” and distinguish it from
Fabricating false evidence
Q.2 Explain the concept of “Giving False Evidence” and fabricating false evidence
SHORT NOTES
1. Cheating by personation.
2. Giving False Evidence
3. 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)
2)
3)
4)
As to intention
Binding obligation
As to material point
Effect on officer
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‘Offences of False Evidence’
Prof. Santosh D. Bhosale 144
5) Present proceeding
IV]
Punishment (S. 193)
i) being legally bound
- by an oath, or
makes any statement -
a) which is false, and
-to state
the truth,
or
b) which he either knows or believes
to be false, or
- by express
provisions of law
c) does not believe it to be true,
ii) being bound by law to make a
declaration upon any subject.
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)
Giving False Evidence (S. 191):-
I]
Whoever,-
-is said to give false evidence.
Explanation 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
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‘Offences of False Evidence’
Prof. Santosh D. Bhosale 145
handwriting, A has not given false evidence.
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 (S. 192)
- Whoever,-
i) causes any
Intending that such
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
circumstance to
exist, or
circumstance false entry, the
false statement may appear
ii) makes any false
entry in any book
or record or
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,
electric record, or
iii) makes any
evidence.
To entertain (form) an
erroneous opinion touching
any point material to the
result of such proceeding.
document- or electric
record containing a
false statement.
- 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
1 (AIR 1959) Pg. 843.
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‘Offences of False Evidence’
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before a public servant or an arbitrator.
c)
d)
The above things so appearing in evidence may cause the person
conducting the proceeding to form an erroneous opinion about the subject
The formation of opinion should be touching any point material to the
result of such a proceeding.
III]
1)
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.
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)
S. 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
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imprisonment for up to 7 years and a fine.
ii) In the second set, giving false evidence in any case other than judicial
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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.
S. 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.
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.
2)
VI]
Allied Offences Punishable with Same Punishment (S. 196 to S. 200):-
There are some related offences punishable with the same punishment as
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‘Offences of False Evidence’
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that of giving or fabricating false evidence, viz-
(1)
Using false or fabricated evidence knowing it to be so (false or fabricated)
(S. 196).
(2)
(3)
(4)
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).
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