Fabricating false evidence
AI Assist
Summary
Creating a false circumstance, making a false entry in any book or electronic record, or preparing a document or electronic record with false statements, intending it to be used as evidence before a court, public servant or arbitrator and to mislead the decision-maker on a material point, is fabrication of false evidence. It makes such acts punishable as an offence.
Example
Rohan inserts false sale entries into his shop's electronic ledger intending the ledger to be produced in court to show that a customer stole goods. Because he prepared a false record to be used as evidence and to mislead the court on a material point, Rohan has fabricated false evidence and can be prosecuted.
Bare Act
Enacted textWhoever 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”.
Illustrations
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(a) 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.
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(b) A makes a false entry in his shop-book for the purpose of using it as corroborative evidence in a Court of Justice. A has fabricated false evidence.
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(c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in imitation of Z’ handwriting, purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter in a place which he knows that the officers of the police are likely to search. A has fabricated false evidence.
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