Introduction
Evidence is every type of proof legally presented at trial (allowed by the judge) which is intended to convince the judge and/or jury of alleged material facts of the case. Evidence is any statement required or permitted by the court on oath and any document which is produced by the court’s instruction. As per Section 3 of the Indian Evidence Act, the evidence is of two types;
- Oral
- Documentary Evidence
A statement or documentary evidence presented to the court when known to be false or is believed not to be true is false evidence. Criminal evidence is any physical or verbal evidence that is presented for the purpose to prove a crime.
False Evidence
Section 191 of the Indian Penal Code talks about the offence of giving false evidence. According to this section if any person who is legally bound to say the truth, either by an oath or by any express provision of law, gives any statement that is false and which he knows or believes to be false or which he does not believe to be true, is said to give false evidence. The giving of false evidence can be either verbally or otherwise.
Further, where a person instigates another person to make a false statement, he will not be guilty of giving false evidence. However, he will be guilty of abetting that offence.
It must be noted that to make a person liable under this section, he must give false evidence in a proceeding in which the accused was bound by law to tell the truth. Until a person takes an oath, whatever he asserts is considered a piece of information.
If the court has no power to administer an oath, the proceeding will be “Coram non-judice” and cannot be prosecuted for false evidence. In short, where a person is not bound by any express provision of law to state the truth, he cannot be punished for giving false evidence.
Essential Ingredients of False Evidence
False evidence made by a person who is:
- Bound by oath, or
- By an express provision of law, or
- A declaration which a person is bound by law to make on any subject, and
- Which statement or declaration is false and which he either knows or believes to be false or does not believe to be true.
Three essential prerequisite condition for the application of Section 191:
- A legal obligation to state the truth,
- Making of a false statement or declaration, and
- Belief in its falsity.
FAQs about False Evidence and Section 191 of the Indian Penal Code
According to Section 191 of the IPC, false evidence refers to any statement or declaration presented to the court that is known to be false or believed not to be true by a person who is legally bound to tell the truth. This obligation can be through an oath or an express provision of the law.
False evidence can be either oral (verbal) or documentary (in writing). It includes any statement or declaration that is made during legal proceedings and is found to be false, regardless of the medium through which it is presented.
No, under Section 191, if a person is instigated by another individual to make a false statement, they will not be held guilty of giving false evidence. However, the person who instigated them may be held liable for abetting the offense of giving false evidence.
To be held liable under Section 191, a person must meet three essential conditions:
They must be legally bound to state the truth, either by oath or an express provision of the law.
They must make a false statement or declaration.
They must either know or believe that the statement they are making is false or do not believe it to be true.
Read also:- IPC Section 166: Public Servant Disobeying Law, With Intent To Cause Injury To Any Person
IPC Section 192: Fabricating false evidence,IPC Section 192: Fabricating false evidence,IPC Section 192: Fabricating false evidence
