Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
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Summary
Giving or fabricating false evidence with the intention, or when the person knows it is likely, to cause someone to be convicted of an offence punishable with life or seven years or more makes the fabricator criminally liable. The fabricator is punished with the same sentence that the convicted person would have faced, including possible life imprisonment. The offence is non-cognizable, non-bailable and triable by the Sessions Court.
Example
Arjun gives false testimony in court saying Rohan committed a dacoity, hoping Rohan will be convicted. Because dacoity carries punishment of life or up to ten years, Arjun can be punished with life imprisonment or the same term and fine as for dacoity.
Bare Act
Enacted textWhoever gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which by the law for the time being in force in India is not capital, but punishable with imprisonment for life, or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished.
Illustration
A gives false evidence before a Court intending thereby to cause Z to be convicted of a dacoity. The punishment of dacoity is imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, with or without fine. A, therefore, is liable to imprisonment for life or imprisonment, with or without fine.
BNSS Classification
- The same as for the offence.
- Non-cognizable
- Non-bailable
- Triable by Court of Session.
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