Indian Penal Code – Section 196: Using Evidence Known to be False
1. Code
Section 196: Using Evidence Known to be False
2. Explanation
Section 196 of the Indian Penal Code (IPC) deals with the offense of using evidence known to be false in a judicial proceeding. This section criminalizes the act of intentionally using or attempting to use false evidence to influence a court’s decision.
The key elements of this offense are:
- Use or Attempt to Use: The accused must have either used or attempted to use false evidence.
- False Evidence: The evidence used must be known to be false. This includes fabricated evidence, forged documents, or manipulated information.
- Judicial Proceeding: The false evidence must be used in a judicial proceeding, such as a trial, inquiry, or investigation.
- Knowledge of Falsity: The accused must have knowledge that the evidence is false. This means they must have intentionally used false information.
3. Illustration
Imagine a person is on trial for theft. Their lawyer presents a forged receipt claiming the stolen goods were purchased legally. The lawyer knows this receipt is false, and they present it to the court to mislead the judge. This act falls under Section 196, as the lawyer intentionally used false evidence in a judicial proceeding.
4. Common Questions and Answers
Q: What is the punishment for violating Section 196?
The punishment for violating Section 196 can range from imprisonment for up to seven years to a fine or both.
Q: Can someone be charged under Section 196 if they are unaware of the evidence being false?
No, the accused must have knowledge that the evidence is false. If someone presents evidence believing it to be true, even if it is later found to be false, they cannot be charged under this section.
Q: What is the difference between Section 196 and Section 193?
Section 193 deals with giving false evidence in a judicial proceeding. Section 196 focuses on using or attempting to use false evidence, which can include presenting it directly or manipulating existing evidence.
