False Evidence is a grave offence under the Indian Penal Code (IPC) as it not only undermines the judicial system but also has the potential to wrongfully convict innocent individuals. False evidence refers to any material or testimony intentionally fabricated or manipulated with the aim to mislead the court during judicial proceedings. It includes false documents, forged signatures, perjured testimonies, or any other form of deceptive evidence that can influence the outcome of a trial.
The IPC addresses False Evidence under Section 191 to 193, providing stringent punishments for those found guilty. They are discussed below-
- Section 191 : Someone who is legally obligated to tell the truth but knowingly provides false information is giving false evidence.
Explanations-
- This section applies to statements, regardless of how they are made.
- Giving false evidence includes stating false beliefs or knowledge.
- Section 192 : It’s important to be truthful in legal proceedings. Making false entries or statements in any book, record, or electronic document with the intention of using them as evidence in court, before a public servant, or an arbitrator is not allowed. Fabricating false evidence means creating misleading information during a legal proceeding, which can impact people’s opinions and the outcome of the case.
- Section 193 : If someone knowingly provides false evidence or creates fake evidence for use in court, they can be imprisoned for up to seven years, and may also have to pay a fine. Similarly, if someone intentionally gives or creates false evidence in any other situation, they can be imprisoned for up to three years with fine.
Explanations-
- Court-martial trial is a judicial process.
- A pre-court investigation is a part of the judicial process, even if it doesn’t occur in a courtroom setting.
There are some other relevant sections, which further outline various aspects related to False Evidence, including punishments for offences such as fabricating false evidence, intentionally using false evidence, and even tampering with documents, which are discussed between section 194 to 211. They are-
- Section 194 : Making up false evidence to try and get someone convicted of a serious crime.
- Section 195 : Creating false evidence to try and get someone convicted of a crime punishable by life imprisonment or imprisonment.
- Section 195A : Threatening someone to make them give false evidence.
- Section 196 : Knowingly using evidence that you know is false.
- Section 197 : Issuing or signing a false certificate.
- Section 198 : Treating a certificate as genuine when you know it’s actually false.
- Section 199 : Making a false statement in a declaration that is legally acceptable as evidence.
- Section 200 : Using a declaration as true, even though you know it is false.
- Section 201 : Concealing evidence of an offence or providing false information to protect the offender.
- Section 202 : Intentionally failing to provide information about an offence when you are obligated to do so.
- Section 203 : Providing false information regarding a committed offence.
- Section 204 : Destroying a document with the intention of preventing its use as evidence.
- Section 205 : Impersonating someone else with the intention of influencing a legal action or proceeding.
- Section 206 : Fraudulently removing or hiding property to avoid its seizure as forfeited or in execution.
- Section 207 : Making a fraudulent claim to property to prevent its seizure as forfeited or in execution.
- Section 208 : Dishonestly obtaining a court decree for a sum of money that is not actually owed.
- Section 209 : Making a false claim in court dishonestly.
- Section 210 : Obtaining a court decree fraudulently for a sum that is not owed.
- Section 211 : Making a false charge of an offence with the intention to harm someone.
To combat False Evidence effectively, it is essential to rely on a robust legal framework. The Indian Penal Code provisions, coupled with the Criminal Procedure Code (CrPC) and the Indian Evidence Act, provide a comprehensive mechanism to address False Evidence cases. The courts play a crucial role in ensuring justice by meticulously scrutinising the evidence presented before them, identifying inconsistencies, and cross-examining witnesses to establish the truth.
