Giving or Fabricating False Evidence - Section 195
Section 195 of IPC deals with giving or fabricating false evidence with an intention or knowledge for an offence that is punishable with imprisonment for seven years or more or life imprisonment. He/she will be punished as a person convicted of that offence would be liable to be punished. For example – Person A is accused of dacoity and person X provides false evidence resulting in the conviction of A for the dacoity. The punishment of dacoity includes rigorous imprisonment or life imprisonment for ten years and now if it has been proved that X has given false evidence or fabricated false evidence so he (the accused under section 195) will also receive the same punishment that a person who is convicted of dacoity. This section is an aggravated form of the offence under section 193; however, it is less severe than section 194 of the Code. This section provides punishment for giving or fabricating any false evidence with an intention to obtain a conviction of offence which is punishable with imprisonment for life or imprisonment. It states that whoever either gives or fabricates false evidence with the intent or knowledge thereby to cause or with the knowledge that he will likely cause, any person to be convicted of such an offence that is not a capital offence under the Indian law for the time being in force but is punishable by life imprisonment for life or imprisonment for a term of seven years or more, shall be punished with the same punishment as the person convicted of that offence would be liable to be punished. It has been held that a disciplinary proceedings tribunal is not a court within the intention of this section even though a few of its functions might be the same as those of a court. Is IPC 195 a cognizable offence or a non-cognizable offence? Offences under section 195 of IPC are regarded as Non-Cognizable Offences. In such an offence, the police cannot arrest the accused without a warrant as well as cannot start an investigation without the prior permission of the court. The offence under section 195 is triable by the Court of Session. Consult the best lawyer online Is IPC 195 bailable or non-bailable? The offences under the Section 195 of IPC have been categorized as Bailable offences. A bailable offence is those crimes or offences which are less serious in nature, in such cases bail is a right and the arrested person shall be released after depositing the bail with the police. This is also considered a non-compoundable offence under the provisions of CrPC.
How to file or defend your case having constituents of offences under IPC 195?
When someone is charged under section 195 of the Indian Penal Code, then he/she shall be an expert lawyer who has enough experience in dealing with criminal cases. An experienced lawyer will be able to guide on the available defences, pleas, and bargains likely to be offered and the expected outcome of the trial, depending upon the facts and circumstances of the case.
Being charged under any crime or an offense is a serious matter to deal with. It is not only difficult for the accused, but also for the victim. A person charged for a crime has to face severe penalties if convicted. A criminal lawyer with substantial experience in dealing with criminal cases can help you through the court process and can guide you in preparing a solid defense for the case. He can also help you in preparing for cross-examinations and guide you on how to respond to the question of prosecution.
Important judgment:
Santokh Singh v. Izhar Hussain 1973 AIR 2190: The supreme court, in this case, held that test identification of parade is generally used in the cases of rape to identify the accused by the victim and if the victim had lied and provided a false statement that he was the accused then it is an offence considered under section 192 and section 195 of IPC. The court observed that giving false evidence in the support of a prosecution case is an offence punishable u/s 193 and 195 of the Indian Penal Code and not under section 211 of the code.
Ram Dhan vs State of U.P.& Anr. (2012) 5 SCC 536: The petitioner and others have been charged under sections 177, 181, 182, and 195 of the Indian penal code 1860. The petitioner has concealed the material fact and has not disclosed anywhere in the petition that he had approached the High Court under section 482 CrPC. for a quashing of the charge sheet, that stood denied and the said order attained finality as has not been challenged any further. As a result, he is guilty of concealing the material fact that makes the petition liable to be dismissed only on this sole ground.
The court observed in this case that section 195 of IPC makes the fabrication of false evidence punishable. This is not necessary that fabrication of false evidence takes place only inside the court as it can also be fabricated outside the court though has been used in the court.
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Conclusion: In this blog, we discussed section 195 of the Indian penal code in detail. False evidence is information provided by someone to divert the verdict in a court case. False evidence is also considered as fabricated, forged, tainted evidence. The intention to give false evidence is to procure the conviction and to convict the innocent guilty. Section 195 explains giving or fabricating false with an intention to procure conviction of an offence. Chapter 11 of the Indian Penal Code has set out the provision regarding giving and fabricating false evidence and offences which are against public justice.
This article on IPC Section 195 was drafted by Ms. Puja, BBA LL. B, a final Year Student at School of Law, UPES Dehradun| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Giving or Fabricating False Evidence | as per the court decree | non-cognizable | Bailable | Court of sessions |
| Offence | Giving or Fabricating False Evidence |
|---|---|
| Punishment | as per the court decree |
| Cognizance | non-cognizable |
| Bail | Bailable |
| Triable By | Court of sessions |
