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.
Explanations
- A trial before a Court-martial is a judicial proceeding.
- 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.
Illustrations
- 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.
- 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.
Illustrations
- 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.
IPC Section 193: Simplified Explanation
IPC Section 193 of the Indian Penal Code (IPC) deals with the punishment for giving and fabricating false evidence. This section applies to providing false testimony and creating false documents or circumstances intended to be used as evidence in judicial or other legally recognized proceedings.
Key Points:
- Scope: Applies to anyone who intentionally gives or fabricates false evidence.
- Judicial and Other Proceedings: Covers actions in judicial proceedings and proceedings before any public servant or arbitrator.
- Intentional Act: The act must be done knowingly and with the intent to deceive.
Is IPC Section 193 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 193 Punishment
The punishment for offences under IPC Section 193 is as follows:
- False Evidence in Judicial Proceeding: Imprisonment of either description (simple or rigorous) for a term which may extend to seven years, and also liable to a fine.
- False Evidence to Procure Conviction of Capital Offence: If the false evidence is given or fabricated with the intent to procure the conviction of a person for an offence punishable by death, the punishment is 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 193
A real-life example of IPC Section 193 would be a situation where a witness in a criminal trial deliberately lies under oath to protect the accused. For instance, during a trial for a robbery, a witness knowingly provides a false alibi for the accused, stating that the accused was with them at the time of the crime when in reality, the accused was not. If it is later proven that the witness intentionally gave this false evidence, they would be charged under IPC Section 193 for providing false evidence and face the prescribed punishment.
