June 8,2018
The Author, Amit Nisad is 5th Year student of Teerthanker Mahaveer University, Moradabad, UP. He is currently interning with LatestLaws.com.
Introduction-
The definition of word ‘Evidence’ is given in Section 3 of Indian Evidence Act 1872, which in its Interpretation clause states that,"Evidence" is statement of witnesses (oral evidences) and the documentation evidences.When any person gives their evidence before Court it is commonly assumed that, person providing the true information or the evidence. But what happens when it is found that, the evidence given by the person is false or not true.
As we known that Indian Penal Code 1860, deals with only penal provisions because it’s a substantive law.
In Chapter 11 of Code of Criminal Procedure deals with procedural aspects and is titled as,“Of the false evidence and offences against public justice”, which is particularly dealing with the consequences of giving the false evidence and offences which is against the public justice.
Question 1- What is the provision relating to false evidence under IPC 1860?
Answer 1- Section 191 of the IPC defines the false evidence as, Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false and which he either knows or believes to be false or does not believe to be true, is said to give false evidence. And if person causes any circumstances 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 said to fabricate false evidence.
Question 2- What is the object of the chapter 11 of the IPC 1860 ?
Answer 2- There are some objective behind this chapter.
- To punish that person who giving false evidence.
- To set as an example for other peoples.
- To save the precious time of court of justice.
- To make effective legal penal system.
Question 3- What is the Punishment made for person giving false evidence under IPC ?
Answer 3- Whoever contravenes provisions of Section 191 and Section 192 shall be dealt under section 193 of this code as, whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and whoever intentionally gives or fabricate false evidence in any other case, shall be punished with imprisonment of either description for a term which may extends to three years, and shall also be liable to fine.
Under this section A trial before a court martial is considered as a judicial proceeding.
Under section 194, Giving or fabricating false evidence with intent to procure conviction of capital offence, 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; and if innocent person be convicted and executed in consequence of such false evidence, the persons who gives such false evidence shall be punished either with capital punishment or punishment hereinbefore described.
Under section 195, Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment, shall be punished with life imprisonment or for imprisonment minimum seven years.
Case- Ranjeet Singh v. State, 1959
Supreme Court has held that a defendant or even a plaintiff is not bound to go to Witness box, but once either of them decides to do that and takes oath, he is bound to state the truth and he is not entitled to say that he could have chosen not to come on to Witness-Box.
Question 4- What are the provisions for the false statement made in declaration?
Answer 4- Section 199 and Section 200 deals with the provision regarding false declaration as if anyone made false declaration, which declaration any court of justice or any public servant is bound or authorised by law to receive as evidence of any fact, or whoever corruptly uses or attempts to use as true any such declaration knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.
Question 5- What are the provisions if any person fraudulently claims to property or remove the property to prevent its seizer as forfeited or in execution?
Answer 5- Whoever fraudulently removes, conceals, transfers or delivers to any person any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or whoever fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right or rightful claim to such property or interest, or practises any deception touching any right to any property or interest, intending thereby to prevent that property or interest therein from being taken as a forfeiture, shall be punished with imprisonment of either description for a term which may extends to two years, or with fine, or with both.
Question 6- What are harbouring and its provision under chapter 11 of the IPC 1860?
Answer 6- Word "Harbour" is defined under Chapter 2 of IPC in section 52A as “harbour” includes the supplying a person with shelter, food, drink, money, clothes, arms, or means of conveyance, or the assisting a person by any means, under section 212 term harbouring offender define as whenever an offence has been committed, whoever harbours or conceals a person whom he knows or has reason to believe to be offender, with the intention of screening him from legal punishment,
If a capital offence- shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine;
If punishable with imprisonment for life, or with imprisonment may extends to ten years- shall, be punished with imprisonment which may extends to three years, and shall also be liable to fine.
Exception- this provision shall not extend to any case in which the harbour or concealment is by the husband or wife of the offender.
Question 7- What are the provisions under this chapter if public servant disobeying direction of law or framing incorrect record to save person from punishment or property from forfeiture?
Answer 7- As per Section 217 whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending thereby to save, or knowing it to be likely that thereby save any person from legal punishment, or subject him to a less punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Under section 218 of this chapter says that, whoever, being a public servant, and being as such public servant charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby to save any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extends to three years, or with fine, or with both. And if any public servant in judicial proceeding corruptly making report, etc. contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Question 8- What happens if a person resist or obstructs to his or another person lawful apprehension?
Answer 8- As per Section 224 of this code, whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted or escapes or attempts to escape from any custody in which he is lawfully detained for any such offence, shall be punished with imprisonment of either description for a term which may extends to two years, or with fine, or with both.
Explanation.- the punished in this section is in addition to the punishment for which the person to be apprehended or detained in custody was liable for the offence with which he was charged or of which he was convicted.
Under Section 225 of this code, whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of any other person for an offence, or rescues or attempts to rescues any other person from any custody in which that person is lawfully detained for an offence, shall be punished with imprisonment of either description for a term, which may extends to two years, or with fine, or with both.
Question 9- Which provision will apply if a person insults to public servant sitting in judicial proceeding?
Answer 9- Section 228 under chapter 11 of this code deals with that matter, as, whoever intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may extends to six months, or with fine which may extends to one thousand rupees, or with both.
Question 10- Is the provision regarding personation of a juror or assessor covered under this chapter?
Answer 10- Yes under Section 229 of this code deals with the provision like personation of a juror or assessor.
As per this section, whoever by personation or otherwise, shall intentionally cause, or knowingly suffer himself to be retured, empanelled or sworn as a juryman or assessor in any case in which he knows that he is not entitled by law to be so returned, empanelled or sworn, or knowing himself to have been so returned, empanelled or sworn contrary to law, shall voluntarily serve on such jury or as such assessor, shall be punished with imprisonment of either description for term which may extends to two years, or with fine, or with both.
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