08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
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 gives 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 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 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 of 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 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 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 the 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 Shopbook 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.
Punishment for false
evidence
193. Whoever intentionally gives false evidence in any stage of 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 Courtmartial 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.
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 which he knows to
be false. As this enquiry 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,
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