Code
Whoever intentionally gives false evidence in any 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 fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Explanation 1.A trial before a Court-martial1 ***is a judicial proceeding.
Explanation 2.An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.
Illustration
A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A as given false evidence.
Explanation 3.An investigation directed by a Court of Justice according to law, and conducted under the authority of a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.
Illustration
A, in an enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence.
Explanation
- This section deals with the offence of giving false evidence in a judicial or other legal proceeding where oath is required.
- The key element of the offence is the intention to give false evidence.
- The person giving false evidence must be legally bound to state the truth, which means they are under a legal obligation to be truthful.
- The false evidence can be given in any stage of a judicial proceeding, including investigation, trial, or appeal.
- The punishment for this offence is imprisonment up to seven years and a fine.
Illustration
Suppose a witness is called to testify in a murder trial. The witness knows the accused is guilty but intentionally lies on the stand, claiming they did not see the crime. This would be an example of giving false evidence under Section 193 of the IPC.
Common Questions and Answers
Q: What if the false evidence is given unintentionally?
A: Section 193 only applies to intentionally giving false evidence. If the witness unintentionally gives false evidence due to a mistake or misunderstanding, they may not be guilty of this offence.
Q: Can someone be charged under Section 193 for giving false evidence in a non-judicial proceeding?
A: Yes, Section 193 applies to any proceeding where by law oath is required, including proceedings before commissions, tribunals, or other bodies.
Q: What is the difference between Section 193 and Section 195 of the IPC?
A: Section 195 deals with the offence of giving false evidence in a judicial proceeding with the intention to cause injury to any person, while Section 193 deals with the general offence of giving false evidence, regardless of the intention to cause injury.
