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……..

Question: 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. Has A committed any offence? Give reasons in support of your answer and also refer to the relevant provision on the point.

Find the answer to the mains question only on Legal Bites. [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. Has A committed any offence? Give reasons in support of your answer and also refer to the relevant provision on the point.]

Answer

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.’

In the case of Babu Lal v. State of Uttar Pradesh AIR 1964 SC 725, it was observed that the offence of fabricating false evidence under s 192 involves three elements:

(i) the causing of

(a) any circumstance to exist, or

(b) making any false entry; or

(c) of any document containing a false statement;

(ii) with the intention that it may appear in evidence in

(a) a judicial proceeding; or

(b) in a proceeding taken by law before a public servant, or

(c) 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.

The facts of the present case are borrowed from illustration (c) to Section 192, IPC. Here, A, with 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.

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