False Evidence

“False evidence, fabricated evidence, forged evidence or tainted evidence is information created or obtained illegally, to sway the verdict in a court case.”

Falsified evidence could be created by either facet during a case including the police, prosecution in a criminal case, or by somebody sympathetic to either side. Misleading by suppressing evidence can also be considered a form of false evidenceby omission, however, in some cases, suppressed evidence is excluded because it cannot be proved the accused was aware of the items found or of their location.

The analysis of forensic evidence may also be forged if the person doing the forensic work finds it easier to fabricate evidence and test results than to perform the actual work concerned. Parallel construction is also a form of false evidence during which the evidence is truthful but its origins are mendaciously described. Apart from the desire for one side or another to succeed or fail in its case, the precise explanation for finding proof will vary. Falsifying evidence to procure the conviction of those honestly believed guilty is considered a form of police corruption even though it is intended to, and may result in the conviction of the guilty; however, it may also reflect the incorrect prejudices of the falsifier, andtends to encourage corrupt police behaviour generally.

Giving False Evidence

Section 191 of the Indian Penal Code explains that giving false evidence means a person bound by oath or express provision of law, to tell the truth, makes a false statement or a statement that he doesn’t believe to be true or believes to be false. This section also mentions that false statement or evidence given by a person can be verbal as well as in written form.

In Ranjeet Singh v. State[1], the Supreme Court has held that a defendant or even a plaintiff is not bound to go to Witness box, but once either of them decides to do that and takes oath, he is bound to state the truth and he is not entitled to say that he could have chosen not to come on to Witness-Box.

Three essential prerequisite condition for the application of Section 191:

  • A legal obligation to state the truth,
  • Making of a false statement or declaration, and 
  • Belief in its falsity.

An example for the same would be C, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of A, when he does not believe it to be the handwriting of A. Here C states that which he knows to be false, and therefore gives false evidence.

Fabricating False Evidence

According to Section 192 of the Indian Penal Code, If any person 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, with an intent 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 if, such circumstance, false entry or false statement, so appearing in evidence, may cause any person who is in such proceeding to forman opinion upon the evidence, to entertain an erroneous proceeding touching any point material to the result of such proceeding is therefore said to fabricate false evidence.

Essentials of fabricating false evidence under Section 192:

  • Cause any circumstances to exist; or 
  • Makes any false entry in any book or record etc 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,
  • Before an arbitrator; and 
  • Helps form an opinion upon the evidence, to entertain an erroneous opinion; 
  • Touching any point material to the result of such proceeding. 

These essentials can be easily understood by a given example. There is a shopkeeper ‘Y’ whose shop is in Delhi and he pretends that his shop was open on 27thJune, 2020 although his shop was closed. He shows in his business books that his shop was open. However, on that day ‘Y’ went to Agra and committed the crime of extortion. When Police investigates about it, he shows his books as evidence. This would qualify as fabricating false evidence.

Difference between Giving False Evidence & Fabricating False Evidence

  • Both the offences require the presence of mens rea, however, the former only requires that a general intent to exist and the latter a particular intent.
  • In Section 191 the offence is constituted when a person who bound by law makes false statements which may not be pertinent to a material point whereas since in Section 192 the action or omissiontakes place in secrecy, the court intervenes only when an injury is caused to a person or matter material.
  • Section 192 requires that such fabrication cause the judicial officer to form an erroneous opinion to constitute an offence, however, the effect of giving false evidence on an officer is not necessary under Section 191.

Punishment for False Evidence

According to Section 193 of the Indian Penal Code, If any person intentionally gives false evidence in any of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, then he/she shall be punished with imprisonment of either description for a term which may extend to seven years, and could also be liable to fine. This Section further says that if any person intentionally gives or fabricates false evidence in any other case, he/she shall be entitled to the imprisonment of either description for a term which may extend to three years, and could also be liable to fine. Further, giving false evidence is a non-cognizable, bailable and a non-compoundable offence.

In Sheikh Ghulam Rasul and Ors. v. Emperor[2], the Police investigated a report that a certain person had stolen the complainant’s watch from his car, and in the investigation, the Police came to the conclusion that the report was false and that the watch had been removed by the complainant himself. The case was accordingly reported to the Magistrate for cancellation; and thereafter the Police prosecuted the complainant under Sections 193 and 211 of the Indian Penal Code.

Section 194 to 195A of the Indian Penal Code deals with aggravated form of the offence of false evidence. Such aggravated forms may be cases wherein accused has been imposed with a charge of offences which are very serious in nature such as, murder culpable homicide not amounting to murder, whose punishment is either imprisonment or death penalty.[3]

According to Section 194 of the Indian Penal Code, If any person gives or fabricates false evidence, with an intent 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 laws for the time being in force in India shall be entitled to imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. Further in this Section, it is stated that if an innocent person is 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 that was described to the person who was wrongly convicted. According to Section 195 of the Indian Penal Code,If any person gives or fabricates false evidence with an intent to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which by the law for the time being in force in India is not capital, but punishable with 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. An example for the same would be, 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 imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, with or without fine. A, therefore, is liable to imprisonment for life or imprisonment, with or without fine.

Section 195A of the Indian Penal Code is added by an Amendment Act of 2006. According to this Section, If any person threatens another with any injury to his person being it family or friends, reputation or property or to the person or reputation of any one in whom that person is interested, with intent to cause that person to give false evidence shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. This Section further states that if an innocent person is convicted and sentenced in consequence of such false evidence, with death or imprisonment for more than seven years, the person who threatens shall be punished with the same punishment and sentence in the same manner and to the same extent such innocent person is punished and sentenced.

In the case ofSantokh Singh v. Izhar Hussain[4], it was held that test identification of parade is mainly used in rape cases to identify the accused by the victim and if the victim had lied orwrongly claimed a person as an accused or guilty, then this type of false representation by the victim is guilty under Section 192 and Section 195 of the Indian Penal Code.

Offences Punishable

Using evidence known to be false 

According to Section 196 of the Indian Penal Code,If any person, corruptly uses or attempts to use any evidence which he knows to be false or fabricated as true or genuine evidence, shall be punished in the same manner as if he gave or fabricated false evidence.

Meaning of ‘Corruptly’ 

The intention which does not fall into the ambit of dishonesty or fraudulent behaviour but the said intention is against the spirit of criminal law, then it comes under the category of the phrase ‘corruptly’. In Dr S. Dutt vs State of Uttar Pradesh[5], the accused was called for as an expert witness where he was asked to furnish a certificate. He did furnish the certificate but later on, it was found that the certificate was false. The Supreme Court held the accused guilty under Section 196 IPC and taking into consideration the phrase ‘corruptly’, the Court observed that the word ‘corrupt’ would denote conduct, which would be considered debased or morally unsound, therefore, the word ‘corrupt’ has a wider import than the words ‘dishonestly’ and ‘fraudulently’.


Issuing or signing false certificate 

According to Section 197 of the Indian Penal Code, If any person 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.

The words ‘required by law’ refers to the requirement mandated by a statute. Further, the words ‘admissible in evidence’ connotes that if a certificate has to be further proven by anymore witness, then the certificate is not admissible in evidence in law. In Prafulla Kumar v. Emperor[6], it was held that medical practitioners issuing medical certificates or character certificates are not necessitated by law and therefore, do not fall in the ambit of Section 197 IPC. 

Using as true a certificate known to be false 

According to Section 198 of Indian Penal Code, If any person, 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.

A false statement made in declaration which is by law receivable as evidence

According to Section 199 of the Indian Penal Code, If any person, in any declaration made or subscribed by him, to whichany Court of Justice, or any public servant or other person, is bound or authorized by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.

In Dy. General Manager, ISBT v. Sudarshan Kumari and Ors.[7], an oath which was non-existent at the time when it was taken, in the name of a notary was declared void and further it was held by the court that this act was in a clear violation of Section 199 of the Indian Penal Code.

Using as true such declaration knowing it to be false

According to Section 200 of the Indian Penal Code, If any person, corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence. In the case of Jotish Chandra v. State of Bihar[8] declaration of minor son’s age in a suit related to trademark was given subject to the verification of the school authorities and thus, the accused could not have said to have used it corruptly. A person committing an offence under this section is punished in the same manner and with the same sanctions as an offender under the previous section.

Conclusion

False evidence is information given by a person to divert the verdict in a court case. It 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. Chapter XI of the Indian Penal Code has set out the provision relating to giving and fabricating false evidence and offences against public justice. Sections 191 to 200 deals with the same.

Frequently Asked Questions (FAQs)

  1. What is the meaning of False Evidence?

False evidence, fabricated evidence, forged evidence or tainted evidence is information created or obtained illegally, to sway the verdict in a court case.

2. What is False Evidence under Section 191 IPC?

Section 191 of the Indian Penal Code explains that giving false evidence means a person bound by oath or express provision of law, to tell the truth, makes a false statement or a statement that he doesn’t believe to be true or believes to be false. This section also mentions that false statement or evidence given by a person can be verbal as well as in written form.

3. What is fabrication of False evidence?

If any person 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, with an intent 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 if, such circumstance, false entry or false statement, so appearing in evidence, may cause any person who is in such proceeding to form an opinion upon the evidence, to entertain an erroneous proceeding touching any point material to the result of such proceeding is therefore said to fabricate false evidence.

4. What is the difference between Section 191 and 192 IPC?

Both the offences require the presence of mens rea, however, the former only requires that a general intent to exist and the latter a particular intent.

In Section 191 the offence is constituted when a person who bound by law makes false statements which may not be pertinent to a material point whereas since in Section 192 the action or omission takes place in secrecy, the court intervenes only when an injury is caused to a person or matter material. Section 192 requires that such fabrication cause the judicial officer to form an erroneous opinion to constitute an offence, however, the effect of giving false evidence on an officer is not necessary under Section 191.

5. What is the punishment prescribed by the law when a person gives or fabricates false evidence?

According to Section 193 of the Indian Penal Code, If any person intentionally gives false evidence in any of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, then he/she shall be punished with imprisonment of either description for a term which may extend to seven years, and could also be liable to fine. This Section further says that if any person intentionally gives or fabricates false evidence in any other case, he/she shall be entitled to the imprisonment of either description for a term which may extend to three years, and could also be liable to fine. Further, giving false evidence is a non-cognizable, bailable and a non-compoundable offence.


References

[1]AIR 1952 HP 81

[2]48 Ind Cas 510

[3]Suresh Chandra Sharma v State of Madhya Pradesh [2009] AIR  3169(SC)

[4]1973 AIR 2190, 1974 SCR (1) 78

[5]1966 AIR 523, 1966 SCR (1) 493

[6]AIR 1930 Cal 209

[7]1996 AIR 1894, 1996 SCC (3) 763

[8]1969 AIR, 7 1969 SCR (1) 130

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