Code
Whoever causes any circumstance to exist or 1[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.
Explanation
This section states that whoever fabricates false evidence for the purpose of being used in a judicial proceeding, or in any other proceeding where evidence is legally admissible, is guilty of an offense.
Fabricating false evidence includes creating, altering, or destroying documents, objects, or other forms of evidence to mislead or deceive the court or other authority.
Illustration
For example, suppose a person creates a fake document to prove ownership of a property in a land dispute case. This act would fall under Section 192 of the IPC as the person fabricated false evidence to influence the outcome of the legal proceedings.
Common Questions and Answers
What is the punishment for fabricating false evidence?
The punishment for fabricating false evidence under Section 192 of the IPC can be imprisonment up to three years, or a fine, or both.
What is the difference between fabricating false evidence and perjury?
Perjury is the act of giving false testimony under oath, whereas fabricating false evidence refers to the creation or alteration of evidence itself, regardless of whether it is presented in court.
Is it necessary that the fabricated evidence is actually used in a proceeding for it to be considered an offense?
No, it is not necessary for the fabricated evidence to be actually used. The offense is committed simply by fabricating the evidence with the intention of using it in a legal proceeding.
