Answer the questions related to false evidence

Question: Answer the questions related to false evidence.

A. What is the punishment for false evidence?

B. What is the law relating to false evidence?

C. Giving or fabricating false evidence with intent to procure conviction of the capital offence.

D. Threatening or inducing any person to give false evidence.

E. Using evidence known to be false.

F. Issuing or signing false certificates.

G. Using as true a certificate known to be false.

H. False statement made in declaration which is by law receivable as evidence.

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Answer

• What is the punishment for false evidence?

Section 193 IPC deals with punishment for giving false evidence under section 192. It states whoever intentionally gives false evidence in any stage of a judicial 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.

• What is the law relating to false evidence?

Section 192 of IPC talks about offences committed upon fabricating false evidence. It states that 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’

• Giving or fabricating false evidence with intent to procure conviction of the capital offence.

Section 194 deals with 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 imprisonment for a term which may extend to ten years, and shall also be liable to fine; if an innocent person is thereby convicted and executed.—

and 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 hereinbefore described.

• Threatening or inducing any person to give false evidence.

Section 195A deals with the offence of threatening any person to give false evidence:

Whoever threatens another with any injury to his person, reputation or property or to the person or reputation of anyone 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;

and 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.

• Using evidence known to be false.

Section 196 talks about Using evidence known to be false.— Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the manner as if he gave or fabricated false evidence.

Section 196 makes the use of false evidence as, if it is true or genuine, punishable. The wording of the section is very broad and it states ‘whoever’ corruptly uses false evidence as true, is punishable. The term ‘whoever’ includes even an accused person using false evidence for the purpose of his defence.46 A person conducting a case on behalf of a party can also be guilty of an offence under this section.

• Issuing or signing false certificates.

Section 197 deals with Issuing or signing false certificates.— Whoever 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.

Section 197 makes the issuing or signing of false certificates an offence. The essential ingredients of the offence under this section are:

1. the certificate issued or signed must be one which is ‘required by law’ to be given or must be one which is admissible in evidence;
2. the certificate should be false in any material point, and
3. the person issuing or signing the certificate should know that it is false

• Using as true a certificate known to be false.

Section 198 talks about Using as true a certificate known to be false.— Whoever 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.

Section 198 makes punishable the use of false certificates as if it is a genuine one. The words ‘any such certificate’ used in the section means the certificate that has been falsely issued or signed as mentioned in section 197. Hence, the false certificate used must satisfy the condition under section 197, namely, the false certificate used must be one, which is required by law or it should be admissible in evidence.

However, the Rajasthan High Court in Prem Lal v. State of Rajasthan (1998) Cr LJ 1430(Raj) held the accused guilty under section 198 who used a false certificate issued by the Head of the institution for obtaining an appointment in government service even though the headmaster was not authorised to issue a certificate and the same was admissible as legal evidence of facts mentioned therein.

• False statement made in declaration which is by law receivable as evidence.

Section 199 talks about False statements made in the declaration which is by law receivable as evidence.—

Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or another 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.

Section 199 makes the making of false declaration, which is legally receivable in law as evidence of the fact so declared, an offence. The essential ingredients of the offence are:

1. the document making the declaration should be one, which will be admissible in evidence as per law, as proof of the fact declared in the document;
2. the declaration so made must be false;

1. the person making the declaration must be aware or have knowledge that the statement made in the declaration is false, and
2. the false statement in the declaration must be in respect of a material point for which the declaration is made

In Deputy General Manager, Inter-State Bus Terminal v Sudarshan Kumari [AIR 1997 SC 1902] the respondent, Ms Sudarshan Kumari, had filed a false affidavit before the Supreme Court, which was notarized by a notary public. On enquiry, it was found that no such notary public existed. The Supreme Court convicted Ms Sudarshan Kumari for producing false certificates and false affidavits under section 199, IPC, and sentenced her to rigorous imprisonment for a period of six months and also directed her to pay a fine of Rs 1,000 and in default to undergo a further sentence of six weeks.

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