False Evidence
False evidence refers to any statement, document, or information that a person knowingly fabricates or gives with the intention to mislead a court or public authority. Under Section 191 of the Indian Penal Code (IPC), giving false evidence (perjury) includes making false statements under oath, submitting forged or fabricated documents, or intentionally misleading judicial authorities. The essence of the offence lies in knowledge and intent: the person must know that the statement is false and still present it as true. False evidence threatens the integrity of the justice system, as courts rely on truthful testimony to deliver fair judgments.
Legal Ingredients and Scope
Section 191 IPC requires three crucial elements: (a) a person makes a statement or produces evidence, (b) the person knows or believes it to be false, and (c) the intention is to cause a court or public authority to form an incorrect opinion. Section 192 IPC deals with fabricating false evidence, such as creating a false document or tampering with records to mislead judicial proceedings. Punishment is provided under Section 193 IPC, which imposes imprisonment up to seven years for giving or fabricating false evidence. The law aims to preserve judicial accuracy and prevent manipulation of legal outcomes through deceitful means.
Judicial Approach and Importance
Courts have repeatedly emphasized that perjury strikes at the foundation of the justice system. Since courts depend heavily on truthful statements, any attempt to mislead them is considered a grave offence. Judges evaluate intent, circumstances, and the material effect of the false statement on the proceedings. The offence plays a central role in ensuring that parties do not distort facts, influence decisions unfairly, or obstruct justice. Strict enforcement of Sections 191–193 IPC ensures transparency, protects the innocent, and upholds the rule of law. Honest testimony is essential for a functioning legal system, and false evidence undermines public confidence in court verdicts.
Real-Time Example
A witness in a theft case deliberately lies in court by falsely stating that he saw the accused committing the crime, even though he was not present at the spot. He does this to help a friend who holds a grudge against the accused. Later, CCTV footage proves that the witness was nowhere near the location. Since he knowingly gave false testimony intending to mislead the court, he is liable for punishment under Sections 191 and 193 IPC. His false statement could have caused wrongful conviction.
Mnemonic to Remember – “K-I-P”
Use K-I-P to remember the elements of false evidence:
- K – Knowledge of falsity
- I – Intention to mislead the court
- P – Presentation of false statement or fabricated material
This mnemonic makes it easy to recall the core components of the offence.
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