Code:
Whoever gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which1 [by the law for the time being in force in 2 [India]] is not capital, but punishable with 3 [imprisonment for life], or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished.
Illustration
A gives false evidence before a Court of Justice, intending thereby to cause Z to be convicted of a dacoity. The punishment of dacoity is 4 [imprisonment for life], or rigorous imprisonment for a term which may extend to ten years, with or without fine. A, therefore, is liable to5 [imprisonment for life] or imprisonment, with or without fine.
Explanation:
IPC 195 deals with the offense of fabricating false evidence with the intention of using it in a judicial proceeding where the accused could face life imprisonment or a term exceeding seven years.
Illustration: IPC 195
- A person fabricates a forged document to prove that he was not present at the crime scene during a murder case. The prosecution seeks life imprisonment for the accused.
- A person plants a false witness to testify against another person accused of a crime that carries a minimum seven-year sentence.
Common Questions and Answers:
Q: What are the elements of this offense?
A: The elements include:
Fabrication of false evidence
Intention to use the false evidence in a judicial proceeding
The proceeding being one where the accused could face life imprisonment or a sentence exceeding seven years.
Q: What is the punishment for this offense?
A: The punishment for this offense is imprisonment for a term which may extend to two years, or with fine, or with both.
Q: Can this offense be committed by a lawyer?
A: Yes, this offense can be committed by anyone, including lawyers. However, if a lawyer fabricates false evidence, they may face disciplinary action from the Bar Council as well.
