Indian Penal Code 1860
Section 193 :
Punishment for false evidence:
(See section 229 of BNS 2023)
Classification of Offence:
Offence: Giving or fabricating false evidence in a judicial proceeding.
Punishment :Imprisonment for 7 years and fine.
Cognizable or Non-cognizable :Non-cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Magistrate of the First class
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Offence: Giving or fabricating false evidence in any other case.
Punishment :Imprisonment for 3 years and fine.
Cognizable or Non-cognizable :Non-cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Any Magistrate
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Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricated 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;
and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Explanation 1 :
A trial before a Court-martial 1.[***] is a judicial proceeding.
Explanation 2 :
An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.
Illustration :
A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A as given false evidence.
Explanation 3 :
An investigation directed by a Court of Justice according to law, and conducted under the authority of a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.
Illustration :
A, in an enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence.
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1. The words “or before a Military Court of Request” rep. by Act 13 of 1889, s. 2 and Sch.
