(d) A, being bound by an oath to state the truth, states that he knows that Z was at a
particular place on a particular day, not knowing anything upon the subject. A gives false
evidence whether Z was at that place on the day named or not.
(e) A, an interpreter or translator, gives or certifies as a true interpretation or translation of a
statement or document, which he is bound by oath to interpret or translate truly, that
which is not and which he does not believe to be a true interpretation or translation. A has
given false evidence.
192. Fabricating false evidence. Whoever causes any circumstance to exist or makes any false
entry in any book or record, or makes any document containing a false statement, intending that such
circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a
proceeding taken by law before a public servant as such, or before an arbitrator, and that such
circumstance, false entry of false statement, so appearing in evidence, may cause any person who in
such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching
any point material to the result of such proceeding, is said" to fabricate false evidence ".
Illustrations
(a) A puts jewels into a box belonging to Z, with the intention that they may be found in that
box, and that this circumstance may cause Z to be convicted of theft. A has fabricated
false evidence.
(b) A makes a false entry in his shop-book for the purpose of using it as corroborative
evidence in a Court of Justice. A has fabricated false evidence.
(c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter
in imitation of Z's handwriting, purporting to be addressed to an accomplice in such
criminal conspiracy, and puts the letter in a place which he knows that the officers of the
Police are likely to search. A has fabricated false evidence.
193. Punishment for false evidence. Whoever intentionally gives false evidence in any stage of a
judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a
judicial proceeding, shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine ;
and whoever intentionally gives or fabricates false evidence in any other case, shall be punished
with imprisonment of either description for a term which may extend to three years, and shall also be
liable to fine.
Explanation 1.
A trial before a Court-martial 1* * * is a judicial proceeding.
Explanation 2. An investigation directed by law preliminary to a proceeding before a Court of
Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court
of Justice.
2*
*
*
*
*
*
1The
*
words "or before a Military Court of Request" were rep. by the Cantonments Act, 1889 (13 of 1889). Act 13 of 1889 was rep. by the Cantonments Act, 1910 (15 of 1910) which in
turn has been rep. by the Cantonments Act, 1924 (2 of 1924).
2Illustration omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch.
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