Indian Penal Code – Section 195: Fabricating False Evidence for Life Imprisonment or 7+ Years
1. Code: Section 195 of the Indian Penal Code (IPC)
2. Explanation:
This section deals with the offense of fabricating false evidence with the intention of using it in a judicial proceeding where the accused could face life imprisonment or a term exceeding seven years.
3. Illustration:
- A person fabricates a forged document to prove that he was not present at the crime scene during a murder case. The prosecution seeks life imprisonment for the accused.
- A person plants a false witness to testify against another person accused of a crime that carries a minimum seven-year sentence.
4. Common Questions and Answers:
Q: What are the elements of this offense?
A: The elements include:
Fabrication of false evidence
Intention to use the false evidence in a judicial proceeding
The proceeding being one where the accused could face life imprisonment or a sentence exceeding seven years.
Q: What is the punishment for this offense?
A: The punishment for this offense is imprisonment for a term which may extend to two years, or with fine, or with both.
Q: Can this offense be committed by a lawyer?
A: Yes, this offense can be committed by anyone, including lawyers. However, if a lawyer fabricates false evidence, they may face disciplinary action from the Bar Council as well.
