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SECTION 194 IPC - Indian Penal Code - Giving or fabricating false evidence with intent to procure conviction of capital offence


Description

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 is capital by the laws for the time being in force in India shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine;

If innocent person be thereby convicted and executed ? and if an innocent person be convicted and executed in consequence of such false evidence, the person who gives such false evidence shall be punished either with death or the punishment hereinbefore described.


Applicable Offences

1. Giving or fabricating false evidence with intent to cause any person to be convicted of a capital offence

Punishment - Imprisonment for Life or Rigorous Imprisonment for 10 Years + Fine
This is a Non-Bailable, Non-Cognizable offence and triable by Court of Session

2. If innocent person be thereby convicted and executed

Punishment - Death or As Above
This is a Non-Bailable, Non-Cognizable offence and triable by Court of Session

This offence in NOT compoundable.

1. If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

2. If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.


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