Giving False Evidence and Fabricating False Evidence (Section 191 to 194)

Abstract

Evidence is every type of proof legally presented at trial (allowed by the judge) which is intended to convince the judge and/or jury of alleged material facts of the case. Evidence is any statement required or permitted by the court on oath and any document which is produced by the court’s instruction. As per Section 3 of the Indian Evidence Act, the evidence is of two types;

1. Oral 
2. Documentary Evidence

A statement or documentary evidence presented to the court when known to be false or is believed not to be true is false evidence. Criminal evidence is any physical or verbal evidence that is presented for the purpose to prove a crime.

We’ll discuss section 191-229 under Indian Penal Code, 1860 in this paper.

• False Evidence or “Perjury” (Section 191):

“Whoever, 

i) being legally bound by an oath, or by an express provision of law to state the truth, or

ii) being bound by law to make a declaration upon any subject,

iii) makes any statement

1. Which is false, and
2. Which he either knows or believes to be false or
3. Does not believe to be true.

Is said to give false evidence”.

• Explanation:

1. A statement which is made verbally or in writing or otherwise, will amount to a statement for the purpose of this section.
2. A person may make a false statement and may be guilty of giving false evidence,

1. By stating that he believes a thing which in fact he does not believe or 
2. By stating that he knows a thing which in fact he does not know.

• Illustrations:

1. A in support of a just claim which B against Z for one Hundred rupees, falsely swears on a trial that he heard Z admit the justice of B’s claim. A has given false evidence.
2. A being bound by an oath to state the truth, states that he believes a certain signature to be 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.

• Ingredients of an offence of giving False evidence:

1. A person must be legally bound – a) by an oath, or by any express provision of law, b) to state the truth, or to make a declaration upon any subject;
2. He must make a false statement;
3. He –a) must know or believe it to be false, or b) must not believe it to be true.

‘Legally bound by an oath or by express provision of law’-

Oath must be administered by a court having authority to administer the oath. In Ram Bharati’s Case (1923) 25, Bom. 907, it was held that the Court must be an Indian Court, otherwise no offence is committed for which the accused will be liable in India. An oath includes solemn affirmation also.

“Perjury”: The offence of giving false evidence under this Section is also known as the offence of ‘Perjury’ under English Law.

• Fabricating False evidence (Section 192):

“Whoever- 

1. Causes i) any circumstance to exist or; ii) makes any false entry in any book or record, or iii) makes any document containing a false statement,
2. Intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or a proceeding taken by law before a public servant as such, or before an arbitrator, and that such such circumstance, false entry or false statement so appearing in evidence may.
3. Cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an is said “to fabricate false evidence”.

•  Illustrations:

1. A puts jewels into a box belonging to Z, with the intention that they may be found in the box, and that this circumstance may cause Z to be convicted of theft. A has fabricated false evidence.
2. 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.

•  Ingredients of the Offence of Fabricating false evidence:

1. Causing any circumstance to exist, or making any false entry in any book or record making any document containing false statements.
2. Doing one of the above acts with the intention that it may appear in evidence judicial proceedings or in a proceeding taken by law before a public servant or an arbitrator.
3. Doing such an act with the intention that it may cause any person, who in such proceeding, to form an opinion upon the evidence to entertain an erroneous opinion touching point material to the result of such proceeding.

‘Judicial Proceeding’- ‘Judicial proceeding’ includes any proceeding, in the course of which evidence is or may be legally taken on an oath: 

section (1) of the Code of Criminal Procedure.

It is not necessary that the judicial proceeding should be pending before the Court at the time of fabrication. It is enough that the document fabricated is intended to be used in such proceedings when it starts- Rajaram’s Case, (1920) 22. Bom. L.R. 1229.

The false evidence fabricated under this section should be material to the case in which it is given; It is not so required u/s. 191. Evidence is said to be material when it is of such a nature as to affect in any way, directly or indirectly, the probability of anything to be determined by the proceeding.

•  Section 193: Punishments for giving False evidence and fabricating false Evidence:

Offences defined in section 191 and 192 are punishable under this Section.

If a false evidence is given or false evidence is fabricated in any stage of a judicial proceeding, the offender shall be punished with imprisonment for seven years and fine; If it is given or fabricated in any other case, the offender shall be punished with imprisonment for three years and fine.

•  Section 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 by the law for the time being in force in India, shall be punished with imprisonment for life, or with rigorous important 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 death or the punishment hereinbefore described”.

• Section 201: Causing disappearance of evidence of a capital offence or giving false information to screen offender from punishment:

There are two categories: 

1. Causing disappearance 
2. False information

There both intentions are to screen the offender. Suppose there are two friends A and B. A has committed the murder of X and to hide the body of X and to protect A from the charges B helps him so it falls under Section 201 because of causing the disappearance of evidence. B has the intention to screen the offender.

• Conclusion:

False evidence is information given by a person to divert the verdict in a court case. False evidence is also known as forged, fabricated, tainted evidence. The intention to give false evidence is to procure the conviction and to make the innocent guilty. Section 191 explains about giving false evidence and section 192 explains about fabricating false evidence. Chapter 11 of the Indian Penal Code has set out the provision relating to giving and fabricating false evidence and offences against public justice. 

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