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What is the punishment for giving false evidence?

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Dr KK Aggarwal and Ms Ira Gupta    27 June 2018

Giving false evidence is a punishable offence.

IPC 193: Punishment for false evidence: 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 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; And whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Explanation 1: A trial before a Court-martial is judicial proceeding.Explanation 2: An investigation directed by law preliminary to a proceeding before a Court of justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.

IPC 194: Giving or fabricating false evidence with intent to procure conviction of capital offence: 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. (Comments: Many doctors tend to do malpractice and fabricate evidences to involve a person in an offence.)

IPC 195: Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life: 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 by the law for the time being in force in India is not capital, but punishable with imprisonment for life, or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished. (Comments: This code should be read in continuation with IPC 195 and talks about more serious punishment)

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