OFFENCES RELATED TO FALSE EVIDENCE

OFFENCES RELATED TO FALSE EVIDENCE

BLOG/ NEWS Criminal Law Indian Penal Code LAW EXPLAINED
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INTRODUCTION[1]:-

Giving false evidence is dealt with under Chapter XI of the Indian Penal Code. The evidence presented in court is intended to persuade the judge of the relevant facts in the case. Any statement that is needed by the court and must be produced is referred to as evidence. Oral and documentary evidence are the two basic types of evidence. Because the whole case in court hinges on the evidence presented, it was necessary to add the offence of misleading evidence in the IPC. The fabrication of fake evidence is addressed in several parts.

Essentials of fabricating false evidences:-

1. Make any false entry in any book, record, or other document containing a false statement; or

2. Make any false entry in any book, record, or other document containing a false statement

3. Believing that, under such circumstances, a false entry or false statement may be used as evidence in:

 a) a judicial procedure,

b) a legal proceeding before a public official,

 c) a proceeding before an arbitrator; and

4) Assisting in the formation of an incorrect opinion based on the facts;

 5) Touching on any issue relevant to the outcome of such procedure.

A simple illustration can help you understand these principles. There is a merchant named ‘X’ in Lucknow who pretends that his business was open on May 20, 2019, despite the fact that it was closed. His business was open, as evidenced by his book entry. However, on that day, ‘X’ travelled to Delhi and committed extortion. When the cops come to look into it, he shows them his book entry as proof. This would fall under the category of creating false evidence.

Giving & fabricating false evidence – Section 191-200 and 204:-

Sections 191, 192, and 193 of the Penal Code deal with supplying or inventing false evidence. The term “false evidence” is defined in Section 191 as “consciously making a false statement and declaration by a person who is under a legal responsibility to declare the truth.” Perjury is the term used in English law to describe the act of offering false evidence. Perjury, on the other hand, varies from false evidence in small respects.

The essential elements of false evidence are:-

a. A legal declaration on any issue that a person is obligated to make.

b. Bound by an oath.

c. By an express provision of law.

d. Which assertion or declaration is untrue, and which he either knows or believes is untrue, or which he does not believe is true.

Making false evidence is fraud; hence it must be proven that the individual was legally obligated by oath or an express provision of law to make a statement of false evidence under this section. Let us use an example to better understand these sections: A falsely claims on a trial that he heard Z concede the justice of B’s claim in favour of a just claim that B has against Z for one thousand rupees. A has lied in his testimony. A person who gives false evidence in court faces a seven-year jail sentence as well as a fine. If the false testimony is given outside of court, the penalty is up to three years in prison and a fine. Giving false evidence is a crime that is not punishable.

The aggravated version of this crime is dealt with under Section 194-195A. Giving or creating false evidence with the aim or knowledge of being published, as well as where such a conduct constitutes a threat to another’s person, reputation, or property, is punishable. The accused in Santokh Singh v. Izhar Hussain[2] gave false evidence against Izhar Hussain by fraudulently identifying him in an identification parade. The Supreme Court ruled that making a false statement under oath in support of the prosecution case is a violation of sections 193 and 195 of the Criminal Code. Section 196-200 covers offences that are penalised in the same way that supplying or creating false evidence is.

Using False Evidence:-

According to Section 196, whom ever corruptly uses or seeks to use as true or genuine evidence which may be genuine, commits the offence of using false evidence as if true or real. This section’s wordings give it a fairly broad reach. Even an accused individual who fabricates evidence for his defence is included in the word whomever. Under this clause, a person conducting a case on behalf of a party can also be charged with an offence. The term “corruptly” is not defined in the IPC, but it has been determined via case law that it implies “fraudulently” or “dishonestly.”

False Certificate:-

False certifications must be issued or signed according to Section 197. The following are the fundamental elements of the crime:

a. The certificate that is issued or signed must be one that is needed by law or one that is acceptable in court.

b. In any substantial way, the certificate should be fake.

c. It should be obvious to the person issuing or signing it that it is untrue.

This provision indicates that a fraudulent certificate issued or signed should be allowed into evidence without proof of certificate; nevertheless, if a certificate must be further shown by a witness, it is not admissible in evidence in law. The use of a false certificate issued by the head of an institution for obtaining a government appointment has been examined in section 198. The High Court of Rajasthan found the accused guilty under section 198 who used a false certificate issued by the head of an institution for obtaining a government appointment even though the headmaster was not authorized to issue the certificate and the same was admissible as legal evidence of the facts stated therein.

False Declaration:-

The basics of Sections 199 and 200, which deal with false declaration and the use of false declaration, are as follows:

a. The declaration document should be one that will be accepted as evidence in a court of law as proof of the fact stated in the document.

b. The assertion made in this manner must be untrue.

c. The person making the declaration must be aware of or have information that the declaration’s assertion is untrue.

d. The false statement in the declaration must concern a substantial issue for which the declaration is being made.

The use of a false declaration is punishable under Section 200 of the IPC. However, in the case of Jotish Chandra[3], the Supreme Court held that the minor son’s declaration of age in the trademarks suit was only given after due verification from the school authorities, and thus the accused could not be said to have done so corruptly.

To summarise, false evidence is information that is presented in order to produce a non-favorable outcome in court for the truth. False evidence can be forged, created, or contaminated, and it is the party’s responsibility to show where false evidence was utilised. The goal of fabricating evidence is to secure a conviction and convict the innocent. The penalties outlined under these sections should be severe. The penalties outlined in these clauses should be tightened in light of the widespread use of fraudulent evidence and witnesses.

Conclusion[4]:-

False evidence is information supplied by someone in order to influence the outcome of a court proceeding. Forged, manufactured, or contaminated evidence are all terms used to describe false evidence. The goal of fabricating evidence is to secure a conviction and convict the innocent. Sections 191 and 192 discuss how to give false evidence and how to fabricate fake evidence. The provisions pertaining to providing and inventing false evidence, as well as crimes against public justice, are included in Chapter 11 of the Indian Penal Code.


[1] https://lawtimesjournal.in/offences-of-false-evidence/

[2] AIR 1973 SC 2190

[3] AIR 1969 SC 7

[4] https://blog.ipleaders.in/false-evidence-and-offences-against-public-justice/

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