95
CAP. 224
Penal Code
2008 Ed.
which he either knows or believes to be false, or does not believe to be
true, is said to give false evidence.
Explanation 1.—A statement is within the meaning of this section whether it
is made verbally or otherwise.
Explanation 2.—A false statement as to the belief of the person attesting is
within the meaning of this section, and a person may be guilty of giving false
evidence by stating that he believes a thing which he does not believe, as well as by
stating that he knows a thing which he does not know.
Illustrations
(a) A, in support of a just claim which B has against Z for $1,000, falsely
swears on a trial that he heard Z admit the justice of B’s claim. A has given
false evidence.
(b) A, being bound by an oath to state the truth, states that he believes a 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 as to whether Z was at that place on the
day named, or not.
(e) A, an interpreter or a 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.
[Indian PC 1860, s. 191]
Fabricating false evidence
192. Whoever causes any circumstance to exist, or makes any false
entry in any book or record or electronic record, or makes any
document or electronic record 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
Informal Consolidation – version in force from 1/4/2015
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