Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital by the laws for the time being in force in India shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine;
If innocent person be thereby conviceted and executed – and if an innocent person be convicted and executed in consequence of such false evidence, the person who gives such false evidence shall be punished either with death or the punishment hereinbefore described.
IPC Section 194: Simplified Explanation
IPC Section 194 of the Indian Penal Code (IPC) deals with the offence of giving or fabricating false evidence with the intent to procure a person’s conviction for a capital offence, which is punishable by death. This section specifically addresses the severity of attempting to falsely implicate someone in a crime that could lead to the death penalty.
Key Points:
- False Evidence: Involves giving or fabricating false evidence.
- Intent: The intent must be to procure the conviction of a person for an offence punishable with death.
- Capital Offence: Pertains to crimes that carry the death penalty.
Is IPC Section 194 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 194 Punishment
The punishment for offences under IPC Section 194 is as follows:
- General Punishment: Whoever gives or fabricates false evidence intending to cause or knowing it to be likely that they will thereby cause any person to be convicted of an offence which is capital by law shall be punished with imprisonment for life or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to a fine.
- Actual Conviction and Execution: If an innocent person is convicted and executed as a result of the false evidence, the person who gave or fabricated such evidence shall be punished with death or imprisonment for life.
Example of IPC Section 194
A real-life example of IPC Section 194 would be a situation where an individual falsely accuses someone of murder by providing fabricated evidence, such as fake forensic reports or false eyewitness testimony, intending to ensure the person is sentenced to death. Suppose person A fabricates DNA evidence to implicate person B in a murder case falsely. As a result, person B is convicted and sentenced to death. If it is later discovered that person A intentionally provided false evidence with the knowledge that it would likely lead to person B’s execution, person A would be charged under IPC Section 194 and face severe punishment, potentially including the death penalty or life imprisonment.
