124
Laws of Malaysia
Act 574
(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 the handwriting of Z, A has not given false evidence.
(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 as to 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.
Fabricating false evidence
192. Whoever causes any circumstances 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 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 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. 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.
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