Present discussion is humble attempt to consider if a person by implicating another falsely by misinforming the police commits a trivial offence under Section-182 IPC or a grave offence of fabrication of false evidence which is punishable under Section-193, 194, 195 etc. Present paper will take considerable help from a judgment of the Hon’ble High Court of Delhi in Shyni Varghese vs State 147(2008) DLT 691 which applies to the present facts situation on legal points. One may argue that due to bar created by Section-195 CrPC, cognizance could not be taken of any offences related to fabricating false evidence but of course since the judgment aforesaid is binding in Delhi, therefore the ratio thereof has to be applied and as such, such argument related to Section-195 CrPC has to be rejected. Even a cursory search at website of Supreme Court would show that the SLP filed against the aforesaid judgment was dismissed on 05.05.2008 with the observations “Heard learned counsel for the petitioners. We do not find any ground to interfere in these petitions. The special leave petitions are dismissed”. There would hardly be any scope for deviation.
“191. Giving false evidence.—Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence. Explanation 1.—A statement is within the meaning of this section, whether it is made verbally or otherwise. Explanation 2.—A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know”.
“192. Fabricating false evidence.—Whoever causes any circumstance to exist or makes any false entry in any book or record, or electronic record or makes any document or electronic record containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding is said “to fabricate false evidence”.
“193. Punishment for false evidence.—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; 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
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. 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”.
concerned, the false evidence must be given in any stage of a judicial proceeding. On the other hand, so far fabrication is concerned, it recognizes that the fabrication should be for the purpose of being used in any stage of a judicial proceeding. It nowhere says that fabricated evidence must be used. It punishes the purpose and not the actual usage so far as fabrication is concerned. If the purpose was that the fabricated evidence should be used in any stage of a judicial proceeding, it hardly matters whether the same was actually used or not. Ingredients of Section-193 are satisfied.
Shyni Varghese vs State 147(2008) DLT 691:
“it deserves to be noticed again that in respect of Section 193 IPC, the learned ACMM had taken suo moto cognizance of the offence under Section 193 IPC as the said offences were committed much prior to the commencement of the trial in the Rahul Mahajan case as is clear from the order dated 04.11.2006. There is, therefore, no substance in the contention of the learned senior counsel for the petitioners that in the absence of a complaint in writing, the learned ACMM could not have taken cognizance of the offence under Section 193 of the IPC”.
“Mr. Salve's further contention that the language of Explanation 2 to Section 193 IPC does not limit the coverage provided by the said Explanation to offences in Chapter XI of the Penal Code, but the said Explanation is couched in general language, and in the absence of words of limitation in the said Explanation, its language must be given full effect to, in my view, also has no substance for the reason that a bare glance at Section 195 (b) (i) makes it clear that the bar of the said sub-section will apply only “when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court”. Any other interpretation would render the words “when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court” otiose. It also cannot be lost sight of that the provisions of Section 195 have to be strictly construed as they create a bar on the power of the Court to take cognizance of an offence and any provision which ousts the jurisdiction of the Court, which it otherwise possesses, cannot be given an enlarged meaning”.
“clearly shows, the intention of the legislature is manifest that the offences committed should be of such type which directly affect the administration of justice, viz., which are committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court. In
the instant case, there is no allegation that any offence affecting the administration of justice was committed while the proceedings were pending in any Court of law and, therefore, clearly neither Section 195(1)(b)(i) will be attracted nor Section 340 will be applicable”.
“The fact that the procedure for filing a complaint by the Court has been provided in Chapter XXVI clearly shows that the legislative intent was that the offence committed should be of such type which directly affects the administration of justice. Any offence committed in relation to Sections 193 to 196, 199, 200, 205 to 211 and 228, which is not alleged to have been committed in, or in relation to, any proceeding in any Court, cannot be said to be an offence affecting the administration of justice”.
“195. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment.- Whoever gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which by the law for the time being in force in India is not capital, but punishable with imprisonment for life, or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished”.
16. This section also uses both the terms i.e. giving and fabricating. The illustration appended to the section clearly covers only the concept of “giving false evidence”and not the other concept. Giving false evidence in terms of Section-191 means the actual making of false statement whereas fabricating false evidence in terms of Section-192 is bringing a circumstance in existence with a
particular intention. Section-195 further carves out a class of fabrication i.e. when its purpose is that the same may lead to a conviction for an offence punishable with 7 years imprisonment or more or the life imprisonment.