Facts of the Case
A appeared as a witness in a criminal case and knowingly gave false evidence against D.
Based on A’s false testimony, D — who was actually innocent — was wrongfully convicted and sentenced to death by the court.
Later, it was discovered that A had intentionally fabricated the evidence which directly contributed to the wrongful conviction of D.
Thus, the question is: What offence has A committed under the Indian Penal Code and what is his liability?
Issues in the Case
- Whether A knowingly gave false evidence in a judicial proceeding?
- Whether the false evidence given by A caused D to be wrongfully convicted and sentenced to death?
- Whether A is liable for giving false evidence (perjury)?
- Whether A is liable under Section 194 IPC for fabricating evidence leading to the conviction of an innocent person for a capital offence?
- What is the punishment for causing an innocent person’s conviction by false evidence?
Legal Principles Applicable
A. Section 191 IPC — Giving False Evidence
A person gives false evidence if:
- He makes a false statement,
- Which he knows or believes to be false, or
- Does not believe to be true,
- In a judicial proceeding.
Here, A knowingly gave false statements in court, fulfilling the ingredients of Section 191.
B. Section 192 IPC — Fabricating False Evidence
A creates false circumstances or documents intending that they appear true before a court, causing the court to form a mistaken opinion.
If A produced false facts knowingly to mislead the court, it amounts to fabricating false evidence.
C. Section 193 IPC — Punishment for False Evidence
Punishes giving or fabricating false evidence:
- Up to 7 years imprisonment, and
- Fine,
when the evidence is given in a judicial proceeding.
However, in this case, the punishment escalates due to the consequences.
D. Section 194 IPC — Giving or Fabricating False Evidence to Procure Conviction of Capital Offence
This section specifically applies when false evidence:
- Is intentionally given,
- With the knowledge that it is likely to cause the conviction of a person,
- For an offence punishable with death.
Punishment under Section 194:
- If an innocent person is convicted and sentenced to death:
→ The false witness (A) shall be punished with either life imprisonment or the same sentence of death.
This is one of the most serious offences under IPC due to its grave consequences.
E. Causation and Mens Rea
For liability under Section 194, the prosecution must prove:
- A had mens rea (intention or knowledge) that his false evidence could cause D’s conviction for a capital offence.
- The false evidence was a direct cause leading to D’s wrongful conviction.
Both elements are satisfied here.
F. Judicial Support
Indian courts have held that:
- False evidence leading to wrongful conviction of an innocent person is an aggravated form of perjury.
- Section 194 is attracted even if the court later discovers the innocence of the accused.
- The gravity of the offence is determined by the consequence: wrongful conviction of a capital offence.
Possible Judgement
Finding
A is fully liable and guilty of:
- Giving false evidence (Section 191),
- Fabricating false evidence (Section 192),
- Punishable under Section 193 IPC,
- And more importantly, liable under Section 194 IPC, as his deliberate false evidence caused the wrongful death sentence of an innocent man.
Offence Committed
- Section 191 IPC (False Evidence)
- Section 192 IPC (Fabricating False Evidence)
- Section 193 IPC (Punishment for False Evidence)
- Section 194 IPC (False Evidence to Procure Conviction for Capital Offence)
Punishment
Under Section 194 IPC, because:
- A knowingly gave false evidence,
- Which directly resulted in an innocent person being sentenced to death,
A shall be punished with either:
- Life Imprisonment, or
- Death Penalty (as per court’s discretion).
Conclusion
A is guilty of the gravest form of perjury under IPC. His conduct directly caused the wrongful death sentence of an innocent man, attracting the maximum punishment prescribed under criminal law.
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