Section 193 of the Indian Penal Code (IPC) deals with the offense of “Punishment for false evidence.” It states that whoever intentionally gives false evidence in any stage of a judicial proceeding or fabricates false evidence for use in any stage of a judicial proceeding shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to a fine.
What is section 193?
Section 193 talks about the punishment for the crime committed by the accused under Chapter XI such as:
- Giving false evidence,
- Fabricating false evidence,
- Using evidence known to be false,
- Issuing or signing false certificate in the court proceeding, and
- Using statement during declaration known to be false in the court as an evidence
The above-mentioned section is related to the offence of giving false evidence which is punishable under section 193 of the IPC. This means whenever a person gives false evidence intentionally at any stage of the trial or planted fabricated evidence knowing to be false in any stage of the trial, such person shall be punished by the court in two ways such as:
- if any person follows under the above definition, such person shall be punished with imprisonment of either description for a term which may extend to seven years and also be liable to fine,
- However, if any person follows under any other case for giving or fabricating false evidence intentionally, then the person shall be punished with simple or rigorous imprisonment for a term extending up to three years, and also be liable to a fine.
Essential ingredient: When the person has committed an offence of false evidence it required the following point to hold him punishable under section 193 such as:
- The person is bound by oath to speak the truth and present correct evidence,
- It has been an express provision of law
- That a declaration or statement which a person is bound by law to make on any subject
- However, such statement or declaration is false and the person knows or believes too false or corrupt
On the fulfillment of the above essential, the person shall be liable to be punished in said section of the IPC.
Conclusion
False evidence is information given by a person to divert the verdict in a court case. False evidence is also known as forged, fabricated, tainted evidence. The intention to give false evidence is to procure the conviction and to make the innocent guilty. Section 191 explains about giving false evidence and section 192 explains about fabricating false evidence. Chapter 11 of the Indian Penal Code has set out the provision relating to giving and fabricating false evidence and offences against public justice.
FAQs about Section 193 of the Indian Penal Code
Section 193 of the IPC pertains to the offense of “Punishment for false evidence.” It covers various acts related to false evidence in a judicial proceeding, such as giving false evidence, fabricating false evidence, using evidence known to be false, issuing or signing false certificates in court proceedings, and using statements during declarations known to be false as evidence.
Section 193 encompasses various acts related to false evidence, including giving false evidence, fabricating false evidence, using known false evidence, issuing or signing false certificates in court, and using false statements as evidence during declarations.
The punishment for committing an offense under Section 193 varies based on the specific circumstances:
If a person intentionally gives false evidence or fabricates false evidence, they can be punished with imprisonment for a term that may extend to seven years, along with a fine.
In other cases of false evidence, where the offense is not covered by the above conditions, the person can be punished with simple or rigorous imprisonment for a term that may extend up to three years, along with a fine.
To hold someone punishable under Section 193, the following essential ingredients must be fulfilled:
The person must be bound by oath to speak the truth and present correct evidence.
There must be an express provision of law that requires the person to make a declaration or statement on a specific subject.
The statement or declaration made by the person must be false, and they must either know it to be false or believe it to be false.
Read also:- IPC Section 192: Fabricating False Evidence