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Tag: IPC 192 – Fabricating false evidence

IPC 192 – Fabricating false evidence

Posted on July 17, 2018 by ShadesOfKnife

—Whoever 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

(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.
(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.
(c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in imitation of Z’s 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.
Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 192 - Fabricating false evidence | Leave a comment

Baban Singh And Anr Vs Jagdish Singh & Ors on 8 February, 1966

Posted on June 12, 2018 by ShadesOfKnife

Hon’ble Apex Court here in this excellent judgment that,

 

Section 191 and 192 IPC deal with perjury and filing of false affidavit in pleadings would be covered under Section 191. Section 191 deals with evidence on oath and Section 192 with fabricating false affidavits; the offence under Section 191 IPC is constituted by swearing falsely when one is bound by oath to state the truth because a declaration made under an oath. The definition of the offence of giving false evidence thus applies to the affidavits.

The offence may also fall within Section 192 which, inter alia, lays down that a person is said to fabricate false evidence if he makes a document containing a false statement intending that such false statement may appear in evidence in a judicial proceeding and so appearing in evidence may cause any person who, in such proceedings is to form an opinion upon the evidence to entertain an erroneous opinion touching any point material to the result of such proceedings.

Therefore, where declarations in affidavits which were tendered in the Court to be taken into consideration, the authors of the affidavit clearly intended the statement to appear in evidence in a judicial proceedings and so appearing, to cause the Court to entertain an erroneous opinion regarding the compromise, therefore, the offence would fall within Section 191, 192 which is punishable under Section 193 IPC, therefore, it was held that the authors of the affidavits were guilty of offence of giving false evidence or fabricating false evidence for the purpose of being used in judicial proceedings.

 

Baban Singh And Anr Vs Jagdish Singh & Ors on 8 February, 1966
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Baban Singh And Anr Vs Jagdish Singh and Ors CrPC 340 read with CrPC 195 IPC 191 - Giving false evidence IPC 192 - Fabricating false evidence IPC 193 - Punishment for false evidence Perjury Under 340 CrPC | Leave a comment

Mahesh Tiwari Vs State Of U.P. And Another on 24 August, 2016

Posted on April 21, 2018 by ShadesOfKnife

This is a Quash Judgment of Allahabad High Court in which it was held that an Affidavit can be considered as a evidence, in regards to a Perjury petition under Section 340 Cr.P.C. for an offense punishable under Section 193 IPC.

The salient features of giving false evidence under Section 191 IPC are:-

(i) intentionally making a false statement, or
(ii) declaration by a person who is under a legal obligation to speak the truth.

But it must be remembered that the very essence of crimes of this kind is not how such statements may injure this or that party to litigation but how they may deceive and mislead the courts and thus produce mischievous consequences to the administration of justice.

Consequently, there cannot be any doubt that if a statement or averment in a pleading is false, it falls within the definition of offence under Section 191 IPC. It is not necessary that a person should have appeared in the witness box. The offence stands committed and completed by the filing of such pleading.

An affidavit is ‘evidence’ within the meaning of Section 191 IPC and a person swearing to a false affidavit is guilty of perjury. The definition of the offence of giving false evidence applies to the affidavits.

 

Mahesh Tiwari vs State Of U.P. And Another on 24 August, 2016

 

Read Baban Singh and another vs. Jagdish Singh and others here.

Read Ranjeet Singh vs. State of Pepsu AIR 1959 SC 843 here.

Read S.P.Kohli (Dr.) vs. High Court of Punjab and Haryana AIR 1978 SC 1753 here.

Read Asgar Ali Mulla Ibrahimji vs. Emperor AIR 1943 Nag 17(18) here.

Read Emperor vs. Padam Singh AIR 1930 All 490 here.

Read Parag Dutt vs Emperor AIR 1930 Oudh 62 (63) here.

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged CrPC 340 read with CrPC 195 CrPC 482 - Saving of inherent powers of High Court IPC 191 - Giving false evidence IPC 192 - Fabricating false evidence IPC 193 - Punishment for false evidence Mahesh Tiwari Vs State Of U.P. Perjury Under 340 CrPC Quash Sandeep Pamarati | Leave a comment

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