In this article you will learn about the Difference Between Giving False Evidence and Fabricating False Evidence in IPC.
Giving False Evidence
Section 191 of the Indian Penal Code(IPC) deals with the offence of ‘Giving False Evidence’. It means making a false statement and declaration despite a legal obligation to speak the truth. It can be understood that "giving false evidence" refers to making false statements while under oath or affirmation during a judicial proceeding. This offence is complete when declaration is irrespective of how material it is in relation to court’s proceedings. It is also known as Perjury that means the act of telling a lie in a court of law.
Here the offence is committed by someone who is legally bound by an oth to state the truth. The effect of giving false evidence is immaterial.
Illustration
(a) X, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Y, when he does not believe it to be the handwriting of Y. Here X states that which he knows to be false, and therefore gives false evidence.
(b) M, being bound by an oath to state the truth, states that he knows that N was at a particular place on a particular day, not knowing anything about the subject. M gives false evidence whether N was at that place on the day named or not.
Fabricating False Evidence
Section 192 of the Indian Penal Code(IPC) deals with the offence of ‘Fabricating False Evidence’. It means causing any circumstances 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. It refers to creating or manufacturing false evidence with the intention to use it during a legal process or to cause harm to someone's legal position.
The offence in ‘Fabricating False Evidence’ is completed when it is in relation to the proceedings of the court. Here the offence is committed by someone who is not legally bound to take an oath to state the truth. The effect of this offence must be such as to lead the court or officer concerned to form an erroneous opinion about the commission of offence.
Illustration
A, with the intention of causing B to be convicted of a criminal conspiracy, writes a letter in imitation of B's handwriting, purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter in a place which he knows that the officers of the police are likely to search. A has fabricated false evidence.
Points of Differences
| DIFFERENCE | GIVING FALSE EVIDENCE | FABRICATING FALSE EVIDENCE |
|---|---|---|
| Section | Section 191 | Section 192 |
| Meaning | Refers to making false statements while under oath or affirmation during a judicial proceeding. | Refers to creating or manufacturing false evidence with the intention to use it during a legal process or to cause harm to someone's legal position. |
| Core Concept | General mens rea in the form of knowledge and reason to believe it | Particular intention |
| Effect of offence | Immaterial | The act must be such as to lead the court or officer concerned to form an erroneous opinion about the commission of offence |
This article on Difference Between Giving False Evidence and Fabricating False Evidence in IPC is contributed by Dipshikha Anand. Explore more articles and resources on LawStudyPoint.com. Also, check out the Dipshikha Anand YouTube channel for helpful videos and updates.