Punishment for false evidence
AI Assist
Summary
Intentionally giving or fabricating evidence to be used in any judicial proceeding or at any stage of it is an offence, punishable by up to seven years imprisonment and a fine up to ten thousand rupees. Giving or fabricating false evidence in other situations attracts punishment up to three years and a fine up to five thousand rupees. Trials by Court-martial and court-directed investigations count as stages of a judicial proceeding.
Example
Priya, during a magistrate enquiry to decide whether Rohan should be committed for trial, swears falsely that she saw Rohan at the scene. Because the enquiry is a stage of a judicial proceeding, Priya can be punished with up to seven years' imprisonment and a fine up to ten thousand rupees.
Bare Act
Enacted text(1) Whoever intentionally gives false evidence in any 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 which may extend to ten thousand rupees.
(2) Whoever intentionally gives or fabricates false evidence in any case other than that referred to in sub-section (1), shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine which may extend to five thousand rupees.
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 is a stage of a judicial proceeding, though that investigation may not take place before a Court.
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 according to law, and conducted under the authority of a Court is a stage of a judicial proceeding, though that investigation may not take place before a Court.
Illustration
A, in an enquiry before an officer deputed by a Court 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.
Previous year papers
Pick your exam. we'll email the most recent paper.