Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.
IPC Section 196: Simplified Explanation
IPC Section 196 of the Indian Penal Code (IPC) deals with the offence of using evidence known to be false. This section addresses situations where someone knowingly uses false evidence in any judicial proceeding or other legal context.
Key Points:
- Using False Evidence: Involves using evidence that the person knows is false.
- Judicial Proceeding: Applies to evidence used in judicial or other legal proceedings.
- Knowledge of Falsehood: The person must understand that the evidence they are using is false.
Is IPC Section 196 bailable?
It’s crucial to note that IPC Section 191 is non-bailable. This means that if an individual is accused of giving false evidence under this section, they are not automatically entitled to bail. They would need to make a bail application, and it would be at the discretion of the court to grant it, considering the circumstances of the case.
IPC Section 196 Punishment
The punishment for offences under IPC Section 196 is the same as the punishment for the offence of giving or fabricating false evidence as outlined in IPC Section 193. This means:
- General Punishment: Imprisonment of either description for a term that may extend to seven years and liable to a fine.
- For Capital Offence: If false evidence is used to procure a person’s conviction for a capital offence, the punishment may extend to imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and also liable to a fine.
Example of IPC Section 196
A real-life example of IPC Section 196 would be a situation where a lawyer knowingly submits a forged document as evidence in court. Suppose lawyer A is defending client B in a property dispute. Lawyer A, aware that a particular deed is forged, still presents it as genuine evidence to strengthen client B’s case. If it is later discovered that lawyer A knew the deed was forged and used it as evidence, lawyer A would be charged under IPC Section 196 for using evidence known to be false and would face the corresponding punishment.
