Law on false evidence in court in India

Introduction

The term ‘evidence’ means and includes all information and facts contributing to prove the truth. Evidence is a proof that is legally presented at trial intending to convince the judge pertaining to material facts of the case. It is a statement that is permitted by the court on oath or a document produced by the instruction of the court. According to Section 3 of the Evidence Act, there are two types of evidence, one is the oral evidence and another is documentary evidence.

An evidence in the form of a statement or a document presented before the court that is known to be false or believed to be not true is false evidence. Criminal evidence may be defined as any physical or verbal evidence presented to the court to prove a crime.

 ‘False evidence’ means the evidence that is not true. Creating false evidence and showing something that has never happened, or alteration of an incident leads to false evidence.

False Evidence: Section 191 IPC

Section 191 of the Indian Penal Code, 1860, (for short ‘IPC’), says that an individual who is legally bound by an oath or by any express provision of the law to speak the truth or is obliged to make a declaration on any matter and makes any statement that is untrue and which he either knows or believes to be untrue or thinks it is untrue, is claimed to have provided false evidence.

Ingredients of False Evidence

False evidence given by someone who is:

1. Bound by oath, or
2. By an express provision of law, or
3. A declaration which a person is bound by law to make on any subject, and
4. The statement or declaration is false; and
5. He either knows or believes it to be false.

Pre-requisites of False Evidence

1. Legally obliged to state the truth,
2. The person is giving the false statement or declaration, and
3. Doing so with complete knowledge of its falsity.

Fabricating false evidence: Section 192

According to Section 192 of the IPC, if a person causes any circumstance to exist, or makes any false entry in any book or record, or makes any document containing a false statement, intending that it appears in evidence and mislead the person dealing with the matter, he fabricates false evidence.

Punishment for false evidence: Section 193

As per Section 193 of the IPC, any individual who deliberately gives false evidence in any court proceeding or furnishes false evidence with the motive of using it in court proceedings, will be penalised with imprisonment up to seven years and be liable to a fine.

Further, anyone who deliberately furnishes false evidence in any other case, will be liable to imprisonment up to three years and be liable to a fine.

In the case of Ranjit Singh v. State of Punjab, AIR 1959 SC 843: The accused commits perjury when he gives false evidence after binding himself on oath to depose truly. He cannot take the plea that he cannot be prosecuted because he was not bound to go to the witness box or to make an affidavit.

Giving or Fabricating evidence intending to procure conviction of capital offence: Section 194 IPC

Section 194 of the IPC says that someone who furnishes false evidence against a person to be convicted of an offence punishable with capital punishment, shall be held liable for life imprisonment or rigorous imprisonment up to 10 years and with fine.

If an innocent person is convicted and executed due to the false evidence, then the person giving such false evidence shall be punished by the death penalty or the punishment described above.

Giving or fabricating false evidence intending to procure conviction of offence punishable with imprisonment for life or imprisonment: Section 195 IPC

Section 195 of the IPC says that someone furnishing false evidence intending to cause conviction of a person under an offence that is not punishable by the death but punishable with life imprisonment or imprisonment for a period of seven years or more, that person shall be punished in the same way, the person convicted of that offence would be liable to be punished.

Section 195A of the IPC is inserted by the Amendment Act, 2006. The act amounting to threaten another to cause injury to his person, reputation or property or to the person’s family, relatives etc. with an intent to make that person to give false evidence, shall be punished with imprisonment up to seven years, or with fine, or with both.

Further, if an innocent person is convicted and sentenced in consequence of such false evidence, with death or imprisonment above seven years, then the person who threatens shall be punished the same manner as that innocent person is punished and sentenced.

Using evidence known to be false: Section 196

According to Section 196 of the IPC, someone who corruptly uses or makes an attempt to use an evidence fraudulently and knowingly that the evidence is false or fabricated shall be punished in the same way as if he has given fabricated false evidence.

Issuing or signing false certificate: Section 197

Section 197 of the IPC states that any person issuing or signing any certificate that is required by law to be signed, or relates to any fact for which such a certificate is legally admissible in evidence, knowing or believing that such a certificate is false in any material point, will face the same punishment as if he gave false evidence.

Using as true a certificate known to be false: Section 198

Section 198 of the IPC says that someone using or attempting to use any such certificate that he is aware of being false or fabricated in any material point, but representing it to be true or genuine, shall be liable to be punished in the same manner as if he gave or fabricated false evidence.

False statement made in declaration that is receivable as evidence under law: Section 199

Section 199 of the IPC says that someone, who in any declaration made or subscribed to by him, in any court of law, or as a public servant or other individual, is obliged by the legal norms to get evidence of any fact, makes a false statement of which he has knowledge or believes it to be false or fabricated, will be punished in the same way as if he had furnished false evidence.

Using as true such declaration knowing it to be false: Section 200

Section 200 of the IPC says that someone who corruptly uses or attempts to use any such declaration as true, however, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.

Procedure for initiating prosecution with respect to the offences affecting the administration of Justice: Section 340 CrPC

Section 340 of the Code of Criminal Procedure is in respect of the offences specified in section 195 (1) (b) of the Code of Criminal Procedure and the Court has jurisdiction to proceed under section 340 of the Code of Criminal Procedure, and a complaint outside the provisions of section 340 of the Code of Criminal Procedure cannot be filed by any civil, revenue or criminal Court

1. There are two conditions on fulfillment of which a complaint can be filed. Firstly, that a person has given a false affidavit in a proceeding before the Court and, secondly, in the opinion of the Court it is expedient in the interest of justice to make an enquiry against such person in relation to the offence committed by him, and both these conditions have to be fulfilled
2. The Court is not bound to make a complaint. Complaint will be made only if it is expedient in the interest of justice, and not in every case
3. During the course of enquiry held by the Court under section 340 (1) of the Code of Criminal Procedure, irrespective of the result of the main case, the only question is whether a prima-facie case is made out which, if unrebutted, may have a reasonable likelihood of establishing the specified offence and whether it is also expedient in the interest of justice to take such action
4. In exercise of the powers conferred by 340(2) of the Code of Criminal Procedure, the Court may issue show cause notice upon the police for making false entries in the case diary

5. However, a Public Prosecutor has unfettered power in the matter of conducting a criminal proceeding and even if he makes different statements at different stages of the proceeding, it would not attract section 340 of the Code of Criminal Procedure
6. Merely delay in preferring a complaint under section 340 of the Code of Criminal Procedure will not vitiate the proceedings
7. The successor in office of the Presiding Officer of the Court before whom the proceedings in or in relation to which the offence was committed, can make a complaint in respect of the offence
8. Section 195(1)(b)(ii) of the Code of Criminal Procedure would be attracted only when offences enumerated in provision have been committed with respect to document after it has been produced or given in evidence in a proceeding in any Court, i.e., during time when the document was in custodia legis
9. During the course of holding preliminary enquiry by the Court before filing the complaint before the Magistrate for initiating prosecution proceedings, opportunity of hearing to the accused is not required to be given
10. When a prosecution witness deposed before the Court and later files an affidavit stating that whatever he had deposed before the Court was not true and it was so done at the instance of police, such affidavit is liable to be rejected as once a person is examined as a witness, he cannot be allowed to perjure himself by resiling from his testimony given in the Court on oath
11. A complaint under section 340 of the Code of Criminal Procedure can only be withdrawn by the order of the Appellate Court under section 341 of the Code of Criminal Procedure, and that the Court making the complaint cannot itself reconsider and withdraw it. The Magistrate to whom a complaint is made under section 340 or 341 of the Code of Criminal Procedure has to deal with the case as if it were instituted on a police report and it is not necessary for the said Magistrate to examine the complainant, viz. the Presiding Officer of the Court making the complaint, on oath as in the case of ordinary complainant in view of section 200 (a) of the Code of Criminal Procedure
12. For exercising the powers under section 340 of the Code of Criminal Procedure the Court must at the first instance express an opinion to the effect that the witness before it has either intentionally given false evidence or fabricated false evidence, secondly the Court must come to the conclusion that in the interest of justice the witness concerned should be punished summarily for the said offence, and thirdly, before commencing the summary trial for punishment reasonable opportunity to show cause was afforded to such witness
13. Where the allegations against the accused is of making a false statement in the Court then a private complaint cannot be filed at the instance of the opposite party and only the Court in which the said offence is said to have been committed only can file a complaint under section 195 of the Code of Criminal Procedure
14. Unless the complaint is made by the competent Officer as specified under section 195 of the Code of Criminal Procedure, prosecution cannot further be proceeded with. However, the bar under section 195 (1) (b) does not apply to the documents which are forged prior to filing of them before the Court
15. The provisions of section 195 of the Code of Criminal Procedure are mandatory and the Court has no jurisdiction to take cognizance of any of the offences mentioned therein unless there is a complaint in writing as required by that section
16. Making of a contradictory statement in a judicial proceeding is not sufficient to justify prosecution under section 199 and 200 of the Indian Penal Code but it must be shown that the defendant has intentionally given a false statement or fabricated false evidence for the purpose of using the same at any stage of judicial proceedings. Holding of preliminary inquiry under section 340 (1) of the Code of Criminal Procedure is not mandatory if the formation of the opinion is otherwise possible and the procedure prescribed for trial of warrant cases have to be followed in respect of the offences under section 195 (1) (b) (1) of the Code of Criminal Procedure.

Landmark Judgments

Baban Singh v. Jagdish Singh & Ors., 1967 AIR 68, it was held by the Supreme Court that the offence falls under the purview of Sections 191 and 192 of the IPC, if a witness swore a false affidavit during a court procedure. It added that giving false testimony or giving false evidence with an intent to use the same in a legal action is against the law.

Ram Dhan v. State of U.P. & Anr., (2012) 5 SCC 536, it was noted by the Court that Section 195 of the IPC makes it illegal to fabricate false evidence. It is not important that the false evidence is created inside or outside the court room.

Conclusion

A person giving false evidence or making a false testimony shall be penalised according to the provisions of the IPC as discussed above. The person who coerces, threatens, or promises to provide false testimony will be punished as per the Code. It is important that the person who is giving false evidence knows it to be untrue and giving it knowingly.

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