Punishment for false evidence.
- (1) 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 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.
Illustration.
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 3.—An 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.
Illustration.
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.