Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence.
IPC Section 197: Simplified Explanation
IPC Section 197 of the Indian Penal Code (IPC) deals with the offence of issuing or signing a false certificate. This section applies to public servants or anyone legally authorised to provide certificates. It addresses situations where an individual knowingly issues or signs a false certificate, an official document meant to attest to the truth of specific facts.
Key Points:
- Issuing or Signing: This involves issuing or signing a certificate.
- False Certificate: The certificate must be false in some particular material.
- Knowledge: The person must know or believe the certificate to be false.
- Public Servant: Typically applies to public servants or those authorized by law to give certificates.
Is IPC Section 197 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 197 Punishment
The punishment for offences under IPC Section 197 is:
- Imprisonment: Imprisonment of either description (simple or rigorous) for a term extending to seven years.
- Acceptable: The person is also liable to a fine.
Example of IPC Section 197
A real-life example of IPC Section 197 would be a government official knowingly issuing a false birth certificate. Suppose an official in the municipal corporation issues a birth certificate stating that a child was born on a date different than the actual date of birth to help the parents secure school admission under age-specific criteria. If it is later discovered that the official knowingly issued the false certificate, they would be charged under IPC Section 197 for issuing or signing a false certificate and face the prescribed punishment.
