Penal Code
2008 Ed.
96
CAP. 224
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”.
[51/2007]
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 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.
[Indian PC 1860, s. 192]
Punishment for false evidence
193. Whoever intentionally gives false evidence in any stage of a
judicial proceeding, or fabricates false evidence for the purpose of
being used in any stage of a judicial proceeding, shall be punished
with imprisonment for a term which may extend to 7 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
for a term which may extend to 3 years, and shall also be liable to fine.
Explanation 1.—A trial before a court martial 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 inquiry 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 inquiry is a stage of a judicial proceeding, A has given false evidence.
Informal Consolidation – version in force from 1/4/2015
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