Author: Utkarsh Raj, NMIMS, Chandigarh
Introduction
The chapter which comprises 44 sections: 191 to 229 IPC, relates to giving and fabricating false evidence (Section 191 to 200). In the words to IPC whosoever, is legally bound by any oath or by any of the express provision of law to say the truth or is bound by law to make a declaration on any subject makes any statement which is false in eyes of law is believe to be false evidence. For example S to support a just claim made by U against H for 5000 rupees, falsely swears on a trail that he heard H admit the justice of U’s claim. Here S has given the false statement.
False Evidence
Section 191,192 and 193 of Indian penal code deals with giving or fabricating of false evidence. Particularly talking about section 191, it defines what amounts to giving false evidence. Two essential features of false evidence are –
Intentionally making a false statement
Declaration by a person who is under a legal obligation to speak the truth.
Giving of false evidence amounts to doing fraud with court, as if a person is lying in the courtroom and swearing his words to be true knowing that it is false then it will amount to fraud with the court of justice. If a person is legally bound by an oath or an express provision of law to give the evidence in courtroom then he must be (a) Stating the truth (b) to make a declaration upon any subject. Even if a person is not legally bound to give any evidence or take an oath in courtroom and he is doing this by voluntarily act still he can not give any statement which is not true.
Ranjit Singh V State of Pepsu: So talking about this case, there was a police officer who was accused in this case he was called by court to make a statement in an application which was filled under article 226 of Indian constitution that for a writ of habeas corpus in that it was alleged that the police officer had unlawfully detained a man in police custody. In the reply statement the police man filed a false affidavit saying that he has not ever arrested any such man and he was not even in custody. The court then held that the police officer was legally bound to speak the truth and be honest before the court of law but his statement was found false so he has committed an offence of giving false evidence.
Difference between “giving false information” and “giving false evidence”
False information may be given to anybody, whereas false evidence is given only in a court of law
False information may or may not be given on oath, but false evidence must be given on oath before a court of law.
In giving false evidence the person to whom the information is given is a public servant, and such information is given with intent to cause such public servant to use his lawful power to the injury of another person, whereas in giving false information the person to whom the statement is made need not be a public servant and the statement need not be made with any particular intent.
In the case of false evidence, the accused is legally bound to state the truth, or to make a declaration upon any subject, whereas in giving false information the accused is not legally bound to give the information.
Fabricating False Evidence
The fabrication of false evidence has been defined in the section 192 of Indian penal code. The essence of the offence consists in making a false entry in a book of record or electronic record or in a document containing a false statement so as to cause a judge, a public servant or an arbitrator to entertain an erroneous opinion upon any material point. The section basically talks about fabricating of documents is one mode in which it could be practised. A person who attests the signature in a document knowing it to be false and intented to prove the discharge of a decree debt is guilty under this section. The gist of the offence is the intention to cause failure of justice by the use of a false statement or thing in evidence.
Ingredients
Causing any circumstance to exist or making any false entry in any book of record or electronic record or making any document containing a false statement.
Doing one of the above acts with the intention that it may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant, or an arbitrator
Doing such act with the intention that it may cause any person in such proceeding, to form an opinion upon the evidence to entertain an erroneous opinion touching any point material to the result of such proceedings.
Distinction between “giving false evidence” and “fabricating false evidence”
In both the cases it is the intentional giving of false evidence, or intentional fabrication of false evidence is made punishable. Thus. Mens rea is the basis of both offences. However the two of them differ as regards the kind of intention –
In the case of giving false evidence, only general intention is sufficient, whereas in the case of fabricating false evidence a particular intention is required. The offence cannot be committed unless the accused fabricates evidence with particular intention that is to use a false entry or document in evidence in a proceeding and to procure the formation of a wrong view on a material point.
The offence of giving false evidence is committed by a person who is bound by an oath or by express provision of law to state the truth or to make a declaration on any subject. In the case of fabricating false evidence. This ingredient is not necessary.
In the case of giving false evidence the false statement need not be made on a material point. But in the case of fabricating false evidence the evidence fabricated must be on a material point.
At last, it is essential that there should be a proceeding in giving evidence, such as not essential in case of fabricating false evidence.
FAQS
1. What is considered false evidence under the Indian Penal Code?
False evidence is defined under Section 191 of the IPC. It refers to a person who is legally bound by an oath or law to state the truth but makes a false statement or declaration. This includes:
Intentionally making a false statement.
Making a declaration while under a legal obligation to speak the truth.
2. What is the punishment for giving or fabricating false evidence?
As per Section 193 of the IPC, the punishment for giving or fabricating false evidence includes:
Imprisonment: Up to 7 years and a fine if the false evidence is given in any judicial proceeding.
Imprisonment: Up to 3 years and a fine if given in other cases.
3. What is the difference between giving false information and giving false evidence?
False information can be given to anyone, while false evidence is given only in a court of law.
False evidence must be given under oath, whereas false information may or may not be.
False evidence is provided to a public servant or court with intent to mislead legal proceedings, whereas false information does not necessarily require legal obligations.
4. How is fabricating false evidence different from giving false evidence?
Giving false evidence: Involves making a false statement while under a legal obligation to tell the truth.
Fabricating false evidence (Section 192 IPC): Involves creating false documents or records to mislead a judge or public servant in legal proceedings.
Fabricating false evidence requires specific intent to manipulate the outcome of a case, while giving false evidence requires only a general intent to mislead.
5. What is an example of a case related to false evidence?
In Ranjit Singh v. State of Pepsu, a police officer falsely swore in an affidavit that he had not arrested a person, despite evidence proving otherwise. The court held that the officer was legally bound to speak the truth, and his false affidavit amounted to the offense of giving false evidence under Section 191 IPC.
Books:
Textbook on Indian Penal Code: KD GAUR 7th edition
Law of crimes: Dr SR Myneni 3rd edition
