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”.
Illustrations.
(a) A puts jewels into a box belonging to Z, with the intention that they may be
found in that box, and that this circumstance may cause Z to be convicted of theft. A has
fabricated false evidence.
(b) A makes a false entry in his shop-book for the purpose of using it as corroborative
evidence in a Court. A has fabricated false evidence.
(c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes
a letter in imitation of Z’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.
Read also : Section 106 in THE BHARATIYA NYAYA SANHITA, 2023 – BNS