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False Evidence: Meaning and Types
Information is used as evidence in court to establish the truth or existence of a claim. According to the Indian Penal Code of 1860, providing false testimony or inventing false testimony is illegal. Sections 191 and 192 of the IPC's Chapter XI explicitly refer to the provisions of "manufacturing false evidence" and "providing false evidence." Giving false evidence is different from fabricating, which refers to making up information with the goal of deceit or making false statements in order to sway a jury's decision.
What Is Giving False Evidence
Both providing false evidence and preparing false evidence are considered crimes under Penal Code 132 PC. The preparation of false evidence to be used in a legal action as well as the deliberate presentation of the evidence are characteristics of this crime.
They all constitute felonies and have grave repercussions. Despite the charge being considered a felony, it is important to remember that the severity of the judicial processes or their level affects how the charge is classified. The judicial system suffers as a result of presenting or producing false evidence, which explains the seriousness of the offence. This offence is also strongly related to forgery, perjury, planting evidence, and deleting evidence.
Types of False Evidence
Following are the major types of false evidence −
Forged Evidence − Many courts, particularly U.S. criminal courts, do not accept evidence that has been fabricated or manipulated to further a purpose.
Planted Evidence − In many courts, including U.S. criminal courts, something or information that has been moved or planted at a scene to seem related to the accused defendant is not admissible.
Tainted Evidence − The term "fruit of the poisonous tree" refers to material that has been gained illegally or that has been exposed (or tracked) using evidence obtained by illegal search, seizure, and/or search. Such information is not admissible in many courts, including criminal courts in the United States.
Parallel Construction − contaminated evidence, which prevents debate about whether it was collected legally or not because the origin of the evidence is falsely stated.
Suppressed Evidence − It is prohibited to offer anything or any information in court that has been declared "inadmissible" by the judge. Because it was discovered to be locked away or kept in places where the accused could not be shown to have the knowledge, suppressed evidence may be disregarded.
Provision Under IPC
False evidence is a crime, according to Section 191 of the Indian Penal Code. This section states that it is considered giving false evidence when someone who is required by law to tell the truth, either under oath or by an express legal provision, makes a false statement that they know to be false, believe to be false, or do not believe to be true. False testimony may be given orally or in another way.
Furthermore, a person will not be considered to have given false evidence if they provoked another person to lie. He will, however, be found guilty of aiding that crime. It should be stressed that a person must give false testimony in a proceeding where the accused was required by law to disclose the truth in order to be held accountable under this clause. Anything a person says before taking an oath is regarded as information.
The proceeding will be "coram non-judice" and cannot be penalised for providing false evidence if the court lacks the authority to administer an oath. In other words, if a person is not required to tell the truth by a specific legal provision, he cannot be penalised for providing false evidence.
Section 192 of IPC
People frequently create bogus evidence in addition to providing it to blame someone else. According to Indian Penal Code Section 192, a person is responsible for manufacturing false evidence if they −
Creates any circumstance; or
Falsely enters information in a book, record, or electronic record;
Creates any paper or electronic record that contains false evidence.
The aforementioned actions must be carried out with the goal of leading a person reviewing the evidence to form an improper (or incorrect) opinion about it. Such a mistaken opinion must also be connected to a relevant fact in the case.
Furthermore, this part is not just applicable to court cases. Additionally, it applies to any legal action launched against a public official or an arbitrator. Such actions, however, must be legitimate and permitted by the law.
Section 193 of IPC
Section 193 of the Indian Penal Code lays forth the penalties for providing and inventing false evidence. Section 193 states that anyone who provides or fabricates false evidence in a legal procedure is subject to imprisonment for a term of not more than seven years. be subject to a fine as well. And in any other situation, providing false testimony or fabricating evidence will result in a fine and a maximum three-year sentence.
Section 194 of IPC
According to Section 194 of the Indian Penal Code, anyone who provides or fabricates false evidence to cause another person to be found guilty of an offence that carries the death penalty is subject to punishment. And the penalty for such an offence is either life in prison or harsh imprisonment for a maximum of ten years, together with a fine.
Can Someone be Imprisoned for Offering False Evidence
Presenting or creating false evidence is always a felony, no matter how small the evidence may be. If you are found guilty, it will be virtually impossible for you to avoid going to jail. 16 months to 3 years in prison are possible sentences. Additionally, the judge has the option to take probation or a fine into account.
Your sentence will vary depending on a number of variables, including whether you are found guilty or enter a guilty plea. Your case details and criminal background will be presented to the judge at your sentencing. It is crucial that you have legal counsel present at your sentencing, given the impact your crime has on the legal system even after you are locked up.
False evidence is information provided to sway the jury's decision in a legal proceeding. The terms "false evidence" also include "forged, fabricated, and tainted evidence." Giving false testimony is intended to secure a conviction and convict the innocent.
Section 192 provides information on creating false evidence, whereas Section 191 discusses delivering false testimony. Giving and creating false evidence, as well as other offences against public justice, are covered in Chapter 11 of the Indian Penal Code.
Frequently Asked Questions
Q1. Is false evidence bailable?
Ans. In the first section, providing or creating false evidence in a legal procedure carries a sentence of seven years in jail and a fine. The offence qualifies for bail. Offence implies the accused has the option to request bail upon paying a fee to the police officer and even apply for the bail in court.
Q2. Is forensic evidence admissible in court?
Ans. The applicability of an expert's testimony in a case covered by Sections 45 through Section 51 of the Indian Evidence Act of 1872 is addressed. A witness may only attest to facts that they are specifically aware of, under the Act.
Q3. Can a judge give evidence in court?
Ans. A magistrate or judge is a qualified witness who may testify if they choose to do so, but they are not required to do so. They are also not required to respond to any inquiries about their behaviour while serving on the court.
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