FALSE EVIDENCE

ABSTRACT

Evidence refers to the availability of facts or information which is used in the court to convince the judge to favor the party providing the evidence. False Evidence refers to a document or a statement that is known to be false is made when the person is under an oath of not to lie.

The first part of this article would deal with the basic introduction to False Evidence and its relevant section under Indian Penal Code and will also include what are the essentials for False Evidence. The second part of this article would deal with the punishments related to False Evidence and will also include the Law to say truth and False Fabricating.

INTRODUCTION

“Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or be­lieves to be false or does not believe to be true, is said to give false evidence”.[1]

As stated in the case of “Dr. Baliram Waman Hiray vs Justice B. Lentin and Others”[2] the Hon’ble Court found that the evidence provided by the appellant were self-contradictory. So, the court prosecuted the appellant for the offence of giving false evidence under the oath.

Section 191 of Indian Penal Code is also known as the Perjury under the English Perjury Act 1911.

Example- In a case related to handwriting of Z for which Z’s son was called to tell whether the handwriting was of his father or not. But after knowing that the writing was of his father he stated that writing was of someone else. Now, this is offence is called as “Perjury.”[3]

ESSENTIALS FOR FALSE EVIDENCE

False evidence is only made by an individual who is

  1. Bound by any oath
  2. By any provision of Law
  3. By any statement or declaration that he/she knows is false or believes it not to be true.

PUNISHMENTS FOR FALSE EVIDENCE

“Proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven 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 of either description for a term which may extend to three years, and shall also be liable to fine”.[4]

As stated in the case of “Mangat Ram v the State of Himachal Pradesh[5] the court held one of the witnesses of the petitioner under Section 193 of Indian Penal Code as the judges were clever enough to identify that one of the witnesses have given a false evidence.

As stated in the case of “Shabir Hussain Bholu v the State of Maharashtra”[6] the Court held the appellant guilty under the Section 193 of Indian Penal Code as the individual found guilty was giving false evidence

“Giving or fabricating false evidence with an intention/knowledge for an offence punishable with imprisonment for seven years or more or life imprisonment. He will be punished as a person convicted of that offence would be liable to be punished”.[7]

“The act must amount to threatening another with an injury to his person, reputation or property or to the person or reputation of anyone in whom that person is interested (eg. family, friends). The intention of the accused person should be to give false evidence. Punishment is imprisonment of either description for a term which may extend to seven years, or with fine, or with both”.[8]

The Section 195A of Indian Penal Code was added by the Amendment Act of 2006

As stated in the case of “Rajat Kumar Das Alias Dipu Das V. Republic of India”[9] the accused petitioners were facing a trial which was a result as they were held guilty by the court for deliberately giving false evidences in the court even under being an oath of say the truth.

FABRICATING FALSE EVIDENCE

“Whoever causes any circumstances 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 circumstances, 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 circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding to form is to form an opinion upon an evidence, to entertain an erroneous proceeding touching any point material to the result of such proceeding is said to fabricate false evidence”.[10]

As stated in the case of “Babu Lal vs the State of Uttar Pradesh”[11] the court held that the appellant had given many false evidence to manipulate the judgment of the court. So, the court held him guilty under the offence of intentionally fabricating the false evidence.

CONCLUSION

False evidence refers to that information that is deliberately given by an individual to manipulate or divert the decision or verdict of the court. False evidence is often referred to as forged, fabricated or even tainted evidence. Then primary reason for anyone to give false evidence is to make any innocent guilty or a guilty an innocent. Section 191 explains what false evidence is and section 192 explains what Fabricating False evidence is. Section 193, 195 and 195A explains what the punishments for false evidence are.


[1] Section 191 of Indian Penal Code

[2] 1988 AIR 2267

[3] Perjury- it refers to the offence in which an individual provides false testimony or false statement under an Oath

[4] Section 193 of Indian Penal Code

[5] 1966 CriLJ 967

[6] 1963 AIR 816

[7] Section 195 of Indian Penal Code

[8] Section 195A of Indian Penal Code

[9] (2003) 26OCR 120

[10] Section 192 of Indian Penal Code

[11] 1964 AIR 725

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