State the ingredients of the offence of fabricating false evidence, giving illustrations.

Question: State the ingredients of the offence of fabricating false evidence, giving illustrations.

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Answer

Section 192 of IPC, talks about when a person is said to have indulged in 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".

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.

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

(i) the causing of

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

(ii) 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

(iii) 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.

It may be pertinent to point out that the offence of fabrication may arise by not only an act of commission, i.e., by making a false entry in any book or record, etc but can also take place if a material omission is made in an entry or a statement.

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