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 by the law for the time being in force in India is not capital, but punishable with imprisonment for life, or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished.
Illustrations
- A gives false evidence before a Court of Justice, intending thereby to cause Z to be convicted of a dacoity. The punishment of dacoity is imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, with or without fine. A, therefore, is liable to imprisonment for life or imprisonment, with or without fine.
IPC Section 195: Simplified Explanation
IPC Section 195 of the Indian Penal Code (IPC) deals with giving or fabricating false evidence with the intent to procure the conviction of a person for an offence punishable by imprisonment. This section applies when the false evidence is intended to falsely implicate someone in a crime that can result in a prison sentence.
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 imprisonment.
- Punishable Offence: Pertains to crimes that carry a punishment of imprisonment.
Is IPC Section 195 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 195 Punishment
The punishment for offences under IPC Section 195 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 not capital but punishable with imprisonment for life or imprisonment for a term of seven years or more, shall be punished as a person convicted of that offence would be liable to be punished.
- If Conviction is for Lesser Offence: If the false evidence leads to the conviction of an offence that is punishable with imprisonment for less than seven years, the person giving or fabricating the false evidence shall be punished with imprisonment of either description for a term which may extend to the longest term provided for that offence, or with such fine as is provided for that offence, or with both.
Example of IPC Section 195
A real-life example of IPC Section 195 would be a situation where an individual fabricates evidence to accuse someone of theft falsely. Suppose person A creates fake surveillance footage showing person B stealing items from a store with the intent to have person B convicted of robbery. If the false evidence results in person B being sentenced to prison, and it is later discovered that person A fabricated the evidence to ensure person B’s conviction, person A would be charged under IPC Section 195 for giving or fabricating false evidence and would face the corresponding punishment, which would match the severity of the offence they intended to attribute to person B falsely.
