08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
and conducted under the authority of 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 an officer deputed by a Court of Justice to ascertain on
the spot the boundaries of land, 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.
Giving or fabricating
false evidence with
intent to procure
conviction of capital
offence; if innocent
person be thereby
convicted and
executed
194. Whoever gives or fabricates false evidence, intending thereby to cause, or
knowing it to be likely that he will thereby cause, any person to be convicted of
an offence which is capital by any law for the time being in force, shall be
punished with 70[ imprisonment] for life, or with rigorous imprisonment for a
term which may extend to ten years, and shall also be liable to fine;
and if an innocent person be convicted and executed in consequence of such false
evidence, the person who gives such false evidence shall be punished either with
death or the punishment herein before described.
Giving or fabricating
195. Whoever gives or fabricates false evidence intending thereby to cause, or
knowing it to be likely that he will thereby cause, any person to be convicted of
an offence which by any law for the time being in force is not capital, but
false evidence with
intent to procure
conviction of offence
punishable with
imprisonment for life
or imprisonment
punishable with 71[ imprisonment for life], or imprisonment for a term of seven
years or upwards, shall be punished as a person convicted of that offence would
be liable to be punished.
Illustration
A gives false evidence before a Court of Justice, intending thereby to cause Z to
be convicted of a dacoity. The punishment of dacoity is 72[ imprisonment for life],
or rigorous imprisonment for a term which may extend to ten years, with or
without fine. A, therefore, is liable to 73[ such imprisonment for life] or
imprisonment, with or without fine.
Using evidence
known to be false
196. Whoever corruptly uses or attempts to use as true or genuine evidence, any
evidence which he knows to be false or fabricated, shall be punished in the same
manner as if he gave or fabricated false evidence.
197. Whoever issues or signs any certificate required by law to be given or
signed, or relating to any fact of which such certificate is by law admissible in
evidence, knowing or believing that such certificate is false in any material point,
shall be punished in the same manner as if he gave false evidence.
Issuing or signing
false certificate
Using as true a
certificate known to
be false
198. Whoever corruptly uses or attempts to use any such certificate as a true
certificate, knowing the same to be false in any material point, shall be punished
in the same manner as if he gave false evidence.
199. Whoever, in any declaration made or subscribed by him, which declaration
any Court of Justice, or any public servant or other persons, is bound or
authorized by law to receive as evidence of any fact, makes any statement which
is false, and which he either knows or believes to be false or does not believe to
be true, touching any point material to the object for which the declaration is
made or used, shall be punished in the same manner as if he gave false
evidence.
False statement made
in declaration which
is by law receivable
as evidence
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