Impact of Perjury on the Administration of Justice
Perjury is one of the most serious offences under criminal law because it directly attacks the administration of justice. Courts depend on truthful statements, genuine documents, and honest testimonies to deliver fair judgments. When a person deliberately provides false information under oath, it corrupts the justice system, misleads judges, and may cause wrongful conviction or wrongful acquittal. In India, the law relating to perjury, false evidence, and fabricated evidence is primarily governed by Sections 191 to 194 of the Indian Penal Code (IPC). These provisions define what constitutes false evidence and outline the punishment for making or using such evidence.
Understanding the Meaning of Perjury
Perjury is essentially the act of deliberately giving false evidence under oath before a lawful authority. According to Section 191 IPC, a person is said to give false evidence when he knowingly makes a false statement or declaration which he either does not believe to be true or knows to be false. The statement must be made legally, such as during judicial proceedings or before an officer authorized to administer an oath.
The offence of perjury requires:
- A false statement,
- Given intentionally,
- Under oath or legal obligation,
- Before a court or authorized authority.
Punishment for perjury is provided under Section 193 IPC, which prescribes imprisonment up to seven years and fine for intentionally giving false evidence in judicial proceedings. The seriousness of perjury lies in the fact that it damages the core objective of criminal justice—truth.
Meaning of False Evidence Under Criminal Law
False evidence refers to intentionally making a false statement or document when the law requires truth. As per Section 191 IPC, false evidence is broader than perjury because it not only includes false oral statements but also includes written or signed statements that are known to be untrue.
To constitute false evidence, it must satisfy certain elements:
- There must be a statement or representation made to a legal authority.
- The maker must know that the statement is false or misleading.
- The intention must be to mislead the court or the public servant.
- It must be made voluntarily under legal conditions.
False evidence becomes punishable under Section 193 IPC, which includes both judicial and non-judicial proceedings. The punishment may vary depending on the seriousness of the situation, but false evidence in judicial proceedings attracts higher penalties.
Meaning of Fabricated Evidence Under Criminal Law
While false evidence involves giving false statements, fabricated evidence focuses on creating circumstances or documents that appear genuine but are intentionally designed to mislead the court. Under Section 192 IPC, fabricated evidence occurs when a person creates false circumstances, prepares false documents, or manipulates material facts to make another person believe something untrue.
Key elements of fabricated evidence include:
- Creating or manufacturing circumstances or documents.
- Intending that such created evidence be used in a judicial proceeding.
- Knowledge that the evidence is false or misleading.
- A deliberate attempt to misguide judges or authorities.
Fabricated evidence is considered more serious because it involves pre-planned, structured deception. The punishment under Section 193 IPC applies here as well.
Difference Between False Evidence and Fabricated Evidence
Although both false evidence and fabricated evidence are penalized under similar provisions, they are conceptually different. The following points help distinguish them:
1. Nature of the Act
- False evidence involves intentionally making a false statement or declaration.
- Fabricated evidence involves manufacturing or creating false circumstances or documents.
2. Form of Deception
- In false evidence, the deception lies in the statement itself.
- In fabricated evidence, the deception lies in the created material or circumstances.
3. Effort and Planning
- False evidence may be given spontaneously, such as lying in court.
- Fabricated evidence requires planning, such as forging documents or planting fake material.
4. Examples
- False evidence: Giving a false statement under oath.
- Fabricated evidence: Creating a fake medical report to show an injury that never happened.
5. Punishment
- Both fall under Section 193 IPC, but fabricated evidence is often treated more severely because it involves a higher degree of manipulation.
Importance of Preventing Perjury and Fabricated Evidence
The justice delivery system depends on the purity of evidence. Any attempt to introduce false or fabricated evidence undermines faith in courts and can lead to miscarriage of justice. Perjury slows down judicial processes, increases false litigation, and misuses court time and resources. Therefore, strict enforcement of Sections 191–194 IPC is essential for preserving judicial integrity. The law imposes strict penalties to deter individuals from manipulating the truth and ensures that justice is based on accurate facts, not manipulated or fabricated narratives.
Real-Time Example
Imagine a situation where a person, “A,” files a complaint against “B” claiming that B assaulted him. To strengthen his case, A obtains a fake medical certificate showing severe injuries that he never actually suffered. This certificate is presented before the court. Here, A is not only giving false evidence by lying about the injury but is also introducing fabricated evidence, i.e., a false medical report created to mislead the judge. If the court discovers the manipulation, A will be charged under Sections 191, 192, and 193 IPC.
Mnemonic to Remember the Concept
“P-F-F: Perjury = False words, False Evidence = Fake statements, Fabricated Evidence = Forged setups.”
This simple line helps remember:
- Perjury → lying under oath
- False evidence → false statements
- Fabricated evidence → manufactured or forged circumstances
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