Whoever causes any circumstance 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, 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 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.
- 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.
- A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in imitation of Z’ 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.
IPC Section 192: Simplified Explanation
IPC Section 192 of the Indian Penal Code (IPC) deals with the offence of fabricating false evidence. This section states that whoever causes any circumstance to exist makes any false entry in any book or record or makes any document containing a false statement, intending that such circumstance, false entry, or false statement may appear in evidence in a judicial proceeding or 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.”
Key Points:
- Fabrication of Evidence: This involves causing circumstances or making false entries or documents intended to be used as evidence.
- Intention: The intent must be that this false evidence will be used in a judicial proceeding or similar legal context to mislead the proceeding.
- Impact: The fabricated evidence must likely affect someone’s opinion in the proceeding on a material point.
Is IPC Section 192 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 192 Punishment
The punishment for fabricating false evidence under IPC Section 192 is specified in Section 193 of the IPC. It states that whoever fabricates false evidence for use 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 a fine. Suppose the fabricated evidence is intended to procure the conviction of a capital offence. In that case, the punishment may extend to imprisonment for life or rigorous imprisonment for a term extending to ten years. It shall also be liable to a fine.
Example of IPC Section 192
A real-life example of IPC Section 192 would be a situation where an individual creates a fake contract or alters the entries in financial records to support a false claim in a court case. Suppose someone fabricates a document to falsely show that a significant financial transaction occurred, intending to use this document as evidence in a lawsuit to mislead the court into making a favourable judgment. If it is proven that the document was fabricated and intended to deceive the court, the person responsible would be charged under IPC Section 192 for fabricating false evidence and would face the prescribed punishment under Section 193.
