IPC Section 193
IPC Section 193: Punishment for false evidence
Text of the Section:
Section 193: Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Detailed Explanation:
1. Who can be punished under this section?
Any person who intentionally gives false evidence during a judicial proceeding.
Any person who fabricates false evidence with the intent that it be used in a judicial proceeding.
2. What is False Evidence?
Evidence that is not true or is deliberately fabricated to mislead the court.
It can be:
False testimony by a witness.
Fake documents or objects presented as proof.
Any fabricated or forged materials intended for court.
3. What is a Judicial Proceeding?
Proceedings before any court of justice or tribunal where evidence is taken into account.
It includes trials, inquiries, arbitrations, and any legal proceeding where evidence is used.
4. Key Ingredients:
Intent: The person must knowingly and deliberately present false evidence or create it.
Use in Judicial Proceeding: The evidence is given or fabricated for use in legal proceedings.
5. Punishment:
Imprisonment for a term up to 7 years.
Also liable to pay a fine.
This is a serious offence reflecting the importance of truthfulness in the justice system.
Example Scenario:
A witness knowingly lies under oath to protect a friend accused of theft.
Or, someone creates fake documents to prove ownership of property during a court case.
Both the witness and the fabricator can be punished under Section 193.
Why is Section 193 important?
It upholds the integrity of the judicial process.
Prevents miscarriage of justice caused by lies or fabricated materials.
Acts as a deterrent to anyone considering misleading the court.
Summary Table:
| Element | Explanation |
|---|---|
| Offence | Giving or fabricating false evidence |
| Intent | Must be intentional and deliberate |
| Context | During any judicial proceeding |
| Punishment | Up to 7 years imprisonment + fine |
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