Law and You > Criminal Laws > Indian Penal Code > Aggravated forms of False Evidence (Ss. 194 to 195A IPC)
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. Section 194 to 195A of Indian Penal Code deals with the aggravated forms of false evidence. Aggravate forms means serious form. For example, Under Section 302 of Indian Penal Code someone is charged for murder and the person is giving false evidence due to which accused is convicted to a death sentence so this is a form of aggravated forms of false evidence.
Section 194 IPC:
Giving or Fabricating False Evidence with Intent to Procure Conviction of Capital Offence:
Whoever 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 is capital by the law for the time being in force in India shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine;
If innocent person be thereby convicted and executed
and if an innocent person be convicted and executed in consequence of such false evidence, the person who gives such false evidence shall be punished either with death or the punishment hereinbefore described.
Section 194 of the Indian Penal Code prescribes punishment for giving or fabricating false evidence with intent to procure conviction of capital offence, which is up to imprisonment for life, or with rigorous imprisonment for a term which may extend to 10 years, and also fine. For example, Under Section 302 of Indian Penal Code someone is charged for murder and the person is giving false evidence due to which accused is convicted to a death sentence so this is a form of aggravated form of offence. There are different forms of punishment under Section 194 as: 1) When someone is convicted. 2) When someone is convicted and executed.
Ingredients of Section 194:
For the first part of the section:
- Accused gave or fabricated false evidence;
- He did so intending to cause or knowing that it was likely to cause the person to be convicted of capital punishment,
For the second part of the section:
- Capital sentence passed was executed;
- The person who suffered the execution was innocent.
Section 195 IPC:
Giving Or Fabricating False Evidence with Intent to Procure Conviction of Offence Punishable with Imprisonment for Life or Imprisonment:
Whoever 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 of Justice, 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.
Section 195 of the Indian Penal Code prescribes punishment for giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment for a term of 7 years or upwards shall be punished as a person convicted of that offence would be liable to be punished.
For example, Person X who is accused of dacoity and a person A gives false evidence due to which X is convicted of dacoity. The punishment of dacoity is life imprisonment or rigorous imprisonment of ten years and now if it has been proved that A has given false evidence or fabricated false evidence so he (accused of Section 195) would also get the same punishment that a person who is convicted of dacoity.
Ingredients of Section 195:
- All the ingredients of sec.193 must exist;
- While giving or fabricating false evidence the accused must know that the person is to be convicted of an offence punishable with imprisonment for life or imprisonment for 7 years or more.
In Santokh Singh vs Izhar Hussain, AIR 1973 SC 2190 case, the Court held that a statement on oath falsely supporting a prosecution case against an accused falls under sections 193 and 195 of the Indian Penal Code and not under section 211 of the Indian Penal Code.
Section 195A IPC:
Threatening Any Person to Give False Evidence:
Whoever threatens another with any injury to his person, reputation or property or to the person or reputation of any one in whom that person is interested, with intent to cause that person to give false evidence shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both; and if innocent person is convicted and sentenced in consequence of such false evidence, with death or imprisonment for more than seven years, the person who threatens shall be punished with the same punishment and sentence in the same manner and to the same extent such innocent person is punished and sentenced.
Section 195A of Indian Penal Code is added by Amendment Act, 2006. The act must amount to threatening another with an injury to his person, reputation or property or to the person or reputation of anyone in whom that person is interested (eg. family, friends). The intention of the accused person should be to give false evidence.
Section 195-A of the Indian Penal Code prescribes punishment for threatening or inducing any person to give false evidence which is imprisonment of either description up to 7 years, or with fine, or with both, and where an innocent person is convicted and sentenced as a result of such false evidence then the accused would be punished as a person convicted of that offence would be liable to be punished.