False Evidence

By Manav Sony

Introduction:

Evidence is basically known as a type of proof which is actually presented during a trial which intents to convince a judge or a jury of alleged materialistic facts of a particular case. Evidence is a particular statement that is required or permitted by a court of law on the basis of an oath and any sort of document which has to be produced under the discretion of the court. As according to section 3 of the Indian Evidence Act, evidence is of two categories i.e. oral and documentary evidence.[1] A documentary evidence reports or statement is presented before the court of law when something is known to be false is considered to be a false evidence. Criminal evidence is a sub branch of any sort of physical or verbal evidence which has to be presented for a purpose to prove a particular crime happened anywhere.

Talking about False Evidence, Section 191 of Indian Penal Code clearly explains the fact that giving a false evidence means that a person is totally bound by a oath or any express provision of law so as to tell the truth, make a false statement or any statement that he doesn’t believe to be true or believes to be false. False statement is given by someone which can be in a form of written or oral or any other form. There is another section which is section 191 known as Perjury under the context of English Perjury Act, 1991. [2] For suppose, Mr. Z takes an oath and also makes a false statement along with evidence, it would strictly lead to perjury and that particular person would be convicted under law. There are four ingredients of a person who actually makes false evidence i.e. Person Bound by Law, Person by Express Provision under Law, A person under any declaration of law regarding any sort of specified Subject and any statement or provision which is tend to be false either knows believes it to be false or does not even believe to be true. Also, there are some requisites which are governed under Section 191 i.e. A Legal Obligation or Statement which has to be true, making any sort of false statement and also believe in its ideology of falsity. [3]

Fabrication of False Evidence

Section 192 of the Indian Penal Code deals with the fabrication of the False Evidence. Whoever causes any sort of such circumstance to exist or even tries to make any sort of false entry in a book or records or makes any document or electronic records consisting of some false materials or statements, or false appears in a judicial proceedings and makes false statements which will appear as an evidence before a magistrate, judge or an arbitrator or any public servant like police, IPS Officers would lead to offence under this particular section known as Fabrication of False Evidence which is considered as a crime in the court of law.[4] This particular phenomenon can be very well explained with an example:

Mr. A committed a crime at Delhi on 20th May, 2019. He smartly gave an entry on his personal books stating that his store was open on the same day. But the situation was not even true. This particularly is a case of Fabrication of Evidence because the criminal had tried to deceive the police by showing that he was not actually involved in that crime but he actually was. This entire case lies fulfills the criterion of False Evidence Fabrication. There are many criminals who try to adopt this method. Some get caught and some get saved too. One more perfect example of this is Movie Dhrishyam where the actor tried to deceive the police by fabricating the entire evidences and smartly handled the murder of IG’s son.

There are some of the Essential Ingredients which comes under Fabrication of the Evidence which are given as follows: –[5]

  1. Cause any circumstances to exist; or 
  2. Makes any false entry in any book or record etc containing a false statement;
  3. Intending that such circumstances, false entry or false statement may appear in evidence in a:

a) Judicial proceeding, or 

b) In a proceeding taken by law before a public servant,

c) Before an arbitrator; and 

 4) Helps form an opinion upon the evidence, to entertain an erroneous opinion; 

 5) Touching any point material to the result of such proceeding. 

Punishment for Committing Offence Under False Evidence

Any person who gives a false evidence in the court of law can be put into imprisonment for up to 7 years along with fine or both. Whereas, if a person has given any sort of false evidence outside court would be liable to an imprisonment for around 3 years along with fine or both. Giving any sort of false evidence lies to a non-cognizable offence i.e. the police cannot even arrest the person who is liable for false evidence without any police warrant. It is a bailable offence which means a person can get instant bail from the court of law. The particular person can claim this bail on the basis that it is a matter of right for him/her.[6] False Evidence is also a Non-Compoundable Offence that means the one who has given any false evidence against someone else cannot compromise and the case cannot be closed all of a sudden. Section 194 and 195A of the Indian Penal Code deals with some aggravated nature of offences i.e. any serious form of an offence. Like for instance, Section 302 of IPC states that if someone is charged for the offence of murder and the murderer is giving any false evidence, the particular person is charged with life imprisonment and thus it is a part of false evidence. In IPC, there are certain important sections that articulates about the punishments which are enumerated as follows:

Section 195 states that whoever gives or is involved in any sort of false evidence even though having knowledge about it, that person would be liable to an imprisonment for seven years along with fine or both. [7]For example, Mr. C commits murder and Mr. D gives false evidence about the murder to the court. Mr. C would be liable for life imprisonment and also, Mr. D would be liable for the same offence because he provided false evidence and tried to mislead the court.

Section 195A talks about the Amendment Act, 2006. The act must basically lead to threatening another with an injury to person, reputation or dignity would lead to a serious offence under this particular section.

One leading case under this section is Santokh Singh v. Izhar Hussain (1973 AIR 2190.) In this case it was held that identification test of a parade which was mainly used during the rape cases so as to identify the person accused and if he lies and gives a false statement, then he would be liable for an offence under sections 192 and 195.

Cases

  1. Dr. S Dutt v. State of Uttar Pradesh (1966 AIR 523):

A Doctor named S. Dutta who specialized in the medicine field was called as a witness and was further asked to bring a certificate because he was an expert. However, after further enquiry it was found that the certificate produced by him was actually false. The court was confused under which offence he should be charged. Finally, it was decided that he would be charged for an offence under Section 196 under the phrase “Corruptly.”

  • Chandrapal Singh v. Maharaj Singh (AIR 1982 SC 1238):

In this case, the landlord had challenged the allotment of a vacated portion of the premises who was in possession with the adjacent premises. He had filed a criminal case against the defendant under section 196 of IPC. However, the complainant had not given out much information. He had just stated that the affidavit given by the accused was false. His main reason for filing this particular complaint was the at that the rent control court did not accept some of the statements made by the accused. Further, the supreme court held that there was no such foundation in such play.

  • Deputy General Manager, Interstate Bus Terminal v. Sudarshan Kumari (1996 AIR 1894):

In this case, the respondent Miss Sudarshan Kumari had filed a false affidavit before the Supreme Court which was not arise by a notary public. On further enquiry, it was concluded that there was no such notary public existed. The Supreme Court had convicted her for producing false certificate and evidence under Section 199 of IPC and was sent to rigorous imprisonment for a period of 6 months and even had to pay a fine of 1000 rupees.

  • Afzal v. State of Haryana (1996 SCC (7) 397):

In this case, the railway police were searching for a person named Rahim Khan for the offences of fraud and forgery of railway receipts. However, since they were unable to search Rahim for quite a long time, the team went ahead and took arrested two minor boys and one of them was Rahim Khan’s son and they were wrongfully confined at various places. The police said that they would only release those boys unless and until Rahim Khan surrenders in front of them. Further a Habeas Corpus petition was filed in Supreme Court under Article 32 of the Constitution. The inspectors were also asked to file the counter affidavit. However, the police completely denied that they had those boys under confinement. One of the officers had asked the other one to force signature in one of the affidavits. The CBI was given the task to identify these two signatures properly. It was found out that the signatures were forged and the two boys were actually under confinement of the police. Thus, both police officers were convicted under Sections 192 and 193 of IPC. One of the police officers was sent to 1 year of imprisonment and the other one was sent to 6 months of imprisonment.

Conclusion

From the entire article it is portrayed that false evidence is any sort of information which is given by any person in order to direct any sort of proceedings and judgement in the court of law. False evidence is also known as any forged, fabricated or tainted evidence which is produced by a person. The intentions in order to give false evidence is to procure the convict and also to make the innocent guilty of an offence and also to seek indemnity from the court. The court should be quite stricter in checking all the evidences and also take stricter actions against those who are held guilty for committing all such problems under the court of law.


[1] https://devgan.in/ipc/chapter_11.php. (last viewed 27th July, 13:19)

[2] https://en.wikipedia.org/wiki/False_evidence. (last viewed 27th July, 13:50)

[3] https://indiankanoon.org/search/?formInput=giving%20false%20evidence. (last viewed 27th July, 14:22)

[4] https://www.advocatekhoj.com/library/bareacts/indianpenalcode/193.php?Title=Indian%20Penal%20Code,%201860&STitle=Punishment%20for%20false%20evidence. (last viewed 28th July, 20:09)

[5] https://timesofindia.indiatimes.com/city/chandigarh/person-who-gave-false-evidence-in-court-awarded-7-years-of-jail/articleshow/66040115.cms. (last viewed 28th July, 22:54)

[6] https://www.latestlaws.com/articles/all-about-leading-of-false-evidence-and-offences-against-public-justice-by-amit-nisad/. (last viewed 30th July, 10:21)

[7] https://devgan.in/ipc/section/193/. (last viewed 30th July 14:54)

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