A puts jewels into a box belonging to Z with the intention that they may be found in that box and the circumstance may cause Z to be convicted of theft. State with reasons what offence if any has been committed.

Question: A puts jewels into a box belonging to Z with the intention that they may be found in that box and the circumstance may cause Z to be convicted of theft. State with reasons what offence if any has been committed. [UPHJS 2018]

Find the answer to the mains question only on Legal Bites. [A puts jewels into a box belonging to Z with the intention that they may be found in that box and the circumstance may cause Z to be convicted of theft. State with reasons what offence if any has been committed.]

Answer

Section 192 provides for the offence of fabricating false evidence.

It states-

“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 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.”

The offence of fabricating false evidence under section 192 involves three elements:

1. the causing of

1. any circumstance to exist; or
2. making any false entry; or
3. of any document containing a false statement;

2. with the intention that it may appear in evidence in

1. a judicial proceeding; or
2. in a proceeding taken by law before a public servant; or
3. an arbitrator, and

3. in order to cause any person whose duty it is in such proceedings to form an opinion upon the evidence, to arrive at an erroneous opinion on any point material to the result of such proceeding

The present facts of the case are borrowed from Illustrations (a) to section 192. In this case, when 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 shall be said to have fabricated false evidence and hence his act is punishable.

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