CHAPTER XI, Section 191-211 of INDIAN PENAL CODE (IPC) – FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
191. Giving false evidence.
Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.
Explanation 1-
A statement is within the meaning of this section, whether it is made verbally or otherwise.
Explanation 2-
A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.
Illustrations-
(a) A, in support of a just claim which B has against Z for one thousand rupees, falsely swears on a trial that he heard Z admit the justice of B’s claim. A has given false evidence.
(b) A, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that which he knows to be false, and therefore gives false evidence.
(c) A, knowing the general character of Z’s handwriting, states that he believes a certain signature to be the handwriting of Z; A in good faith believing it to be so. Here A’s statement is merely as to his belief, and is true as to his belief, and therefore, although the signature may not be the handwriting of Z, A has not given false evidence.
(d) A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not knowing anything upon the subject. A gives false evidence whether Z was at that place on the day named or not.
(e) A, an interpreter or translator, gives or certifies as a true interpretation or translation of a statement or document which he is bound by oath to interpret or translate truly, that which is not and which he does not believe to be a true interpretation or translation. A has given false evidence.
192. Fabricating false evidence.
Whoever causes any circumstance to exist or makes any false entry in any book or record, or makes any document 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.
193. Punishment for false evidence.
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.
Explanation 1-
A trial before a Court Martial; is a judicial proceeding.
Explanation 2-
An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.
Illustration-
A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence.
Explanation 3-
An investigation directed by a Court of Justice according to law, and conducted under the authority of a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.
Illustration-
A, in any enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding. A has given false evidence.
CLASSIFICATION OF OFFENCE
Para I: Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.
Para II: Punishment—Imprisonment for 3 years and fine—Non-cognizable— Bailable—Triable by any Magistrate.
194. 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 innocent person be thereby convicted and executed- and if an innocent person be 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.
CLASSIFICATION OF OFFENCE
Para I: Punishment—Imprisonment for life, or rigorous imprisonment for 10 years and fine—Non-cognizable—Non-bailable—Triable by Court of Session—Non- compoundable.
Para II: Punishment—Death or as above—Non-cognizable—Non-bailable— Triable by Court of Session—Non-compoundable.
195. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment.
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 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.
Illustration-
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.
CLASSIFICATION OF OFFENCE
Punishment—The same as for the offence—Non-cognizable—Non-bailable— Triable by Court of Session—Non-compoundable
195A. 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 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;
and if 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.
196. 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 same manner as if he gave or fabricated false evidence.
CLASSIFICATION OF OFFENCE
Punishment—The same as for the giving or fabricating false evidence—Non- cognizable—According as offence of giving such evidence is bailable or non- bailable—Triable by court by which offence of giving or fabricating false evidence is triable—Non-compoundable.
197. Issuing or signing false certificate.
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.
CLASSIFICATION OF OFFENCE
Punishment—The same as for the giving or fabricating false evidence—Non- cognizable—Bailable.—Triable by court by which offence of giving false evidence is triable—Non-compoundable.
198. 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.
CLASSIFICATION OF OFFENCE
Punishment—The same as for the giving or fabricating false evidence—Non- cognizable—Bailable—Triable by Court by which offence of giving false evidence is triable—Non-compoundable.
199. False statement made in 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 other person, is bound or authorised 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.
CLASSIFICATION OF OFFENCE
Punishment—The same as for the giving or fabricating false evidence—Non- cognizable-Bailable—Triable by court by which offence of giving false evidence is triable—Non-compoundable.
COMMENTS
No specific averment in the complaint that certain averments in the affidavit before Rent Control Officer are false complaint cannot be held as maintainable;
Chandrapal Singh v. Maharaj Singh, AIR 1982 SC 1236.
200. Using as true such declaration knowing it to be false.
Whoever 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.
Explanation-
A declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of sections 199 to 200.
CLASSIFICATION OF OFFENCE
Punishment—The same as for giving or fabricating false evidence—Non- cognizable—Bailable—Triable by court by which offence of giving false evidence is triable—Non-compoundable.
201. Causing disappearance of evidence of offence, or giving false information to screen offender.
Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false;
If a capital offence- shall, if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;
If punishable with imprisonment for life- and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;
If punishable with less than ten years’ imprisonment- and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both.
Illustration-
A, knowing that B has murdered Z, assists B to hide the body with the intention of screening B from punishment. A is liable to imprisonment of either description for seven years, and also to fine.
CLASSIFICATION OF OFFENCE
Para I: Punishment—Imprisonment for 7 years and fine—According as the offence in relation to which disappearance of evidence is caused is cognizable or non- cognizable—Bailable—Triable by Court of Session—Non-compoundable.
Para II: Punishment—Imprisonment for 3 years and fine—Non-cognizable— Bailable—Triable by Magistrate of the first class—Non-compoundable.
Para III: Punishment—Imprisonment for a quarter of the longest term provided for the offence, or fine or both—Non-cognizable—Bailable—Triable by court by which the offence is triable—Non-compoundable.
202. Intentional omission to give information of offence by person bound to inform.
Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 6 months, or fine, or both—Non-cognizable— Bailable—Triable by any Magistrate—Non-compoundable.
COMMENTS
Assuming that the prosecution has not positively proved that the death was homicidal yet from the medical evidence it is clear that it was not a natural death and consequently the death should at least be noted as one of suicide. Even in the cause of suicide an offence of abetment punishable under section 306 is inherent. Therefore, even in the case of suicide there is an obligation on the person who knows or has reason to believe that such a suicidal death has occurred, to give information;
Bhagwan Swarup v. State of Rajasthan, (1991)
203. Giving false information respecting an offence committed.
Whoever knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Explanation-
In sections 201 and 202 and in this section the word “offence“, includes any act committed at any place out of India, which, if committed in India, would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable— Bailable—Triable by any Magistrate—Non-compoundable.
204. Destruction of document to prevent its production as evidence.
Whoever secretes or destroys any document or electronic record which he may be lawfully compelled to produce as evidence in a Court of Justice, or in any proceeding lawfully held before a public servant, as such, or obligates or renders illegible the whole or any part of such document or electronic record with the intention of prevention the same from being produced or used as evidence before such Court or public servant as aforesaid, or after he shall have been lawfully summoned or required to produce the same for that purpose, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.
205. False personation for purpose of act or proceeding in suit or prosecution.
Whoever falsely personates another, and in such assumed character makes any admission or statement, or confesses judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 3 years, or fine, or both—Non-cognizable— Bailable—Triable by Magistrate of the first class—Non-compoundable.
206. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution.
Whoever fraudulently removes, conceals, transfers or delivers to any person any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced, by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable— Bailable— Triable by any Magistrate—Non-compoundable.
207. Fraudulent claim to property to prevent its seizure as forfeited or in execution.
Whoever fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right or rightful claim to such property or interest, or practices any deception touching any right to any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable— Bailable— Triable by any Magistrate—Non-compoundable.
208. Fraudulently suffering decree for sum not due.
Whoever fraudulently causes or suffers a decree or order to be passed against him at the suit of any person for a sum not due or for a larger sum that is due to such person or for any property or interest in property to which such person is not entitled, or fraudulently causes or suffers a decree or order to be executed against him after it has been satisfied, or for anything in respect of which it has been satisfied, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Illustration-
A institutes a suit against Z. Z knowing that A is likely to obtain a decree against him, fraudulently suffers a judgment to pass against him for a larger amount at the suit of B, who has no just claim against him, in order that B, either on his own account or for the benefit of Z, may share in the proceeds of any sale of Z’s property which may be made under A’s decree. Z has committed an offence under this section.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable— Bailable— Triable by Magistrate of the first class—Non-compoundable.
209. Dishonestly making false claim in Court.
Whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable— Bailable—Triable by Magistrate of the first class—Non-compoundable.
210. Fraudulently obtaining decree for sum not due.
Whoever fraudulently obtains a decree or order against any person for a sum not due or for a larger sum than is due, or for any property or interest in property to which he is not entitled, or fraudulently causes a decree or order to be executed against any person after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently suffers or permits any such act to be done in his name, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable— Bailable—Triable by Magistrate of the first class—Non-compoundable.
211. False charge of offence made with intent to injure.
Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;
and if such criminal proceeding be instituted on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
CLASSIFICATION OF OFFENCE
Para I: Punishment—Imprisonment for 2 years, or fine, or both—Non- cognizable—Bailable—Triable by Magistrate of the first class—Non- compoundable.
Para II: Punishment—Imprisonment for 7 years and fine—Non-cognizable— Bailable—Triable by Magistrate of the first class—Non-compoundable.
Para III: Punishment—Imprisonment for 7 years, and fine—Non-cognizable— Bailable—Triable by Court of Session—Non-compoundable.
Same Chapter Continued…
CHAPTER XI (212-229A) of IPC – False Evidence and Offences against Public Justice
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