Explanation 3. An investigation directed by a Court of Justice according to law, 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.
194. Giving or fabricating false evidence with intent to procure conviction of capital
offence; 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 1[by any law for the time being
in force], shall be punished with 2[imprisonment for life], or with rigorous imprisonment for a term which may
extend to ten years, and shall also be liable to fine ;
if innocent person be thereby convicted and executed. 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 hereinbefore described.
195. Giving or fabricating false evidence with intent to procure conviction of offence punishable
with. 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 l[by any law for the time being in force] is
not capital, but punishable with 2[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
3[Imprisonment
for life or for a term of seven years or upwards]. 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
2[imprisonment for life], or rigorous imprisonment for a term which may extend to ten years, with or without
fine. A, therefore, is liable to 4[such imprisonment for life] or imprisonment, with or without fine.
196. Using evidence known to be false. 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. Issuing or signing false certificate. 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.
198. Using as true a certificate known to be false. 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.
1The
original words, "by this Code" have successively been amended by Act 27 of 1870, s. 7, Act 9 of 1890, s. 149, and A. 0., 1949, Sch., to read as above.
by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for ―transportation for life‖.
3Subs. by the Law Reforms Ordinance. 1972 (12 of 1972), s. 2. and Sch., or "transportation or imprisonmeat",
4Subs. ibid.. for "such transportation".
2 Subs.
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