What are False Evidences and Punishment for it?

By Shruti Lamba-

The bedrock for deciding any judicial decision are evidences presented before the Court. Evidence in general sense can be defined as anything that has been presented before the Court to establish the facts. In simple words, it can be said that evidence is a means to proof or convince the judge that the facts stated by one are true.

In broadest sense, Bentham defines evidence as:

“Any matter of fact, the effect, tendency, or design of which is to produce in the mind a persuasion, affirmative or disaffirmative, of the existence of some other matter or fact”.

In legal sense, ‘evidence’ is defined in Section 3 of The Indian Evidence Act, 1872 as:

“Evidence” means and includes—

(1) All statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry, such statements are called oral evidence;

(2) All documents including electronic records produced for the inspection of the Court, such documents are called documentary evidence.

So, it can be evidently made out that evidence is the keystone for forming a judicial decision. But what if this very basis of the judicial decision is tampered with, in other words, what if evidences are falsely presented or are fabricated. To ensure protection of the law and delivery of fair justice provisions have been made viz Chapter XI of The Indian Penal Code, 1860 and such presentation of false evidences and fabrication of evidences are made offences and provisions provide for punishment to the offenders.

FALSE EVIDENCE

A person under Indian Law System is a person before giving evidence before the Court or before the authorised authority is bound to state the truth as per Section 8 of The Oaths Act, 1969. If the person bound to tell truth by the administered oath or any express provision of the law, lies i.e. makes a false statement which he knows or believes to be false then it is said that he is giving a false evidence.

Section 191 of the Indian Penal Code provides and explains the meaning of ‘giving false evidence’. The section states as follows:

“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.”

From the provision of the Section 191 IPC it can be clearly said that giving false evidence means that a person bounded legally to state truth before the court intentionally states lie or false facts. And this can be either in verbal or in written or indicative form.

A person is said to attest a false statement even if he is stating an information which he does not know. Illustration: Mr. X bound by the oath to tell truth makes a statement in court that Mr Y (a murder suspect that took place in Delhi) was present in Punjab but actually Mr. X is clearly unaware of the whereabouts of Mr Y on the day of murder. So, Mr. X will be said to have given false evidence because in spite of the fact that he did not know where Y was, he made a statement.

Section 191 IPC is said to have found its genesis from English Perjury Act, 1911. Perjury in simple words means intentional act of telling a lie in an official proceeding when one is bound to tell truth i.e., giving false evidence.

It is to be kept in mind that if the person is unsure about the fact being stated then he is not said to be giving false evidence. Illustration: if in the illustration stated above Mr. X states that he is not confident if Mr. Y was present in Punjab on the day of murder then Mr. X will not be held liable to present false evidence.

ESSENTIAL INGREDIENTS OF FALSE EVIDENCE

Essential conditions for application of Section 191 are:

1. False evidence to be made by person bound by the oath or express provision of a law, to state truth.

Same principle has been held in the leading case of Abdul Majid vs Krishna Lal Nag, (1893) ILR 20 Cal 724 that:

“that the false evidence must be given in a proceeding in which the accused was bound by law to speak the truth. If the court has no authority to administer an oath the proceeding will be coram non-judice and prosecution for false evidence cannot stand. Similar will be the case where a court is acting beyond the jurisdiction.”

The administration and bounding by it is necessary element and in the leading case of Ramesh Singh Bisht v/s State of Uttarakhand decided on 1 Aug, 2013 where it was found that the accused was not administered oath by Magistrate (although he was empowered to administer oath) it was decided that:

“Section 164(5) of Cr.P.C. empowers the Magistrate, who records statement under Section 164 of Cr.P.C., to administer oath to the person whose statement is about to be recorded. Section 191 of IPC is, therefore, not attracted, and, hence, there is no question of application of Section 193 of IPC in the present case.”

1. Making a false statement or declaration,
2. Making of false statement must be intentional i.e., the person giving false evidence believes in its falsity and knows it to be false or not true.

It is to be kept in mind that the section is not applicable to advocates.

FABRICATING FALSE EVIDENCE

Section 192 of The Indian Penal Code explains the meaning of fabricating false evidence. According to the section:

“Fabricating false evidence.—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 simple words, fabricating false evidence can be understood as implanting an evidence intentionally so as to create circumstances that leads to erroneous decision when the same evidence is moved in a judicial proceeding. Illustration:

1. 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.
2. Mr B an employee in Mumbai pretends that he was present in office on a particular day although he was absent. He maliciously makes record in the book entry in the attendance register. However, on that day he was in Delhi and committed crime there. On investigation by police, he produces the records of the book entry of attendance register as evidence. This is qualified as fabrication of false evidence.

It is to be noted that intention plays a vital role in application of section 192 IPC. And the false evidence so fabricated must be presented before the court or before public servant or arbitrator.

ESSENTIAL INGREDIENTS OF FABRICATING FALSE EVIDENCE

For application of Section 192 following are pre- conditions that needs to be fulfilled:

1. Cause any circumstance to exist; or
2. Makes 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 Judicial proceeding, or in a proceeding taken by law before a public servant, 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.

DIFFERENCE BETWEEN GIVING FALSE EVIDENCE AND FABRICATING FALSE EVIDENCE

INTENTION: for both the cases intention is necessary ingredient. But in case of giving false evidence general intention is sufficient whereas in case of fabricating false evidence particular intention as to deceit a person to take erroneous decision is necessary.

BY WHOM COMMITTED: only a person bound by the oath or by any provision of law or by a declaration to state truth will be held liable under the offence of giving false evidence. Whereas any person who is not legally bound under the oath can be held liable under the offence of fabricating false evidence.

MATERIALITY: under offence of giving false evidence, it is not necessary that the false statement made relates to a material point in the suit. Whereas in order to make an offence under fabricating false evidence it is necessary that the false evidence relates to a material point of the case.

PROCEEDING: under the offence of giving false evidence, it is necessary that the false evidence is given during the conduction of a proceeding. Whereas the same is not necessary under fabrication of false evidence but there should be reasonable prospect of the proceeding.

EEFECT OF THE FALSE EVIDENCE: the effect of giving false evidence on the opinion of the officer before whom it is presented is of no consideration whereas the effect is important in fabricating false evidence.

SECTION 193- PUNISHMENT FOR FALSE EVIDENCE AND FABRICATING FALSE EVIDENCE

Section 193 IPC provides for punishment for the offence under Section 191 and 192 IPC as under:

“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.

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.”

A person is punishable for:

• 7 years and fine: in case of giving false evidence or fabricating false evidence in judicial proceeding
• 3 years and fine: in case of giving or fabricating false evidence in any other case

The offences of giving or fabricating false evidence are:

• Non cognizable
• Bailable
• Triable by Magistrate First class in case of giving or fabricating false evidence in judicial proceeding and by any Magistrate in any other case
• Non compoundable (under section 320 CrPc)

CONCLUSION

Courts are believed to be sacred machineries who deliver justice on behalf of the divine and it is duty of every individual to be truthful to the Courts and also to facilitate this mechanism of delivering justice.

Any judicial decision is made on the foundation of the evidences produced before the court and it is made sure by the law makers that this very foundation is fair and true so as to deliver fair and equal justice and to assure this Sections like 191, 192 and 193 of IPC are provided for.

Section 191 IPC explains the meaning of giving false evidence and Section 193 IPC explains meaning of fabricating false evidence and Section 193 provides for punishment to the offenders under Section 191 and 192 IPC.