Punishment for false evidence
(1) Whoever intentionally gives false evidence in any 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 which may extend to ten
thousand rupees.
(2) Whoever intentionally gives or fabricates false evidence in any case other than
that referred to in sub-section (1), shall be punished with imprisonment of either description
for a term which may extend to three years, and shall also be liable to fine which may
extend to five thousand rupees.
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 is a stage of a judicial proceeding, though that investigation may not take place
before a Court.
Illustrations
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 has given false evidence. Explanation 3An investigation directed by a Court according to law, and conducted under the authority of a Court is a stage of a judicial proceeding, though that investigation may not take place before a Court.
Illustrations
A, in an enquiry before an officer deputed by a Court 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.Offence : Intentionally giving or fabricating false evidence in a judicial proceeding.
Punishment : Imprisonment for 7 years and 10,000 rupees.
Cognizable or Non-cognizable : Non-cognizable.
Bailable or Non-bailable : Bailable.
By what Court triable : Magistrate of the first class.
Offence : Giving or fabricating false evidence in any other case.
Punishment : Imprisonment for 3 years and 5,000 rupees.
Cognizable or Non-cognizable : Non-cognizable.
Bailable or Non-bailable : Bailable.
By what Court triable : Any Magistrate.
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