What is False and Fabricating Evidence

 

False Evidence

What is False and Fabricating Evidence

1- Introduction

Whoever being legally bound by an oath or by an express provision of law to State the truth and he makes any statement which is false or he believe to be False is giving false evidence. Similarly whoever Causes any circumstances to exist or make any false entry record is Fabricating false evidence

2- Relevant law

Section 191 to 200 PPC

3- Meaning of evidence

Evidence maybe Either oral or documentary,

"All the means by which any alleged matter of fact whose truth is investigated or inquired at judicial trial, is established or disprove

4- Giving false evidence

I-Definition

Whoever being legally bound by an oath or by Express provision of law to state the truth or being bound by law to make a any declaration upon subject make any statement which is false and which he Either knows or believes to be false. Does not believe to be true is said to give False evidence.

II- Ingredients

A)- Legally bound by law.

The person is legally bound by law, by on oath or by an express provision of law, do an act which is permitted by law

B)- To State the Truth

The law bound any person by an oath or by any express provision of law, to State truth in any evidence whenever required

C)- Give False Evidence

The person being legally bound by law state the truth and that person instead of Stating truth make any Statement which is False or he knows or believes to be False

D)- Does not believe Statement is True

The person instead of Stating truth  is bound by law to state but he does not believe that the statement which he is true

E)- Statement Verbal or Otherwise

Statement giving by person in evident is Either verbally of otherwise

5- Fabricating False Evidence

I- Definition

Whoever causes any circumstances to exist or make

               ⇒ Any false entry in any book or record

               ⇒ Make any document Containing a false Statement

               ⇒ intending that such: Statement, False entry

               ⇒ May appear in evidence in a judicial proceeding

               ⇒ In a proceeding taken by law before a public Servant as such or before an arbitrator and that Such Statement or False entry

               ⇒ So appearing in evidence

               ⇒ May cause any person who in Such Proceeding is to form an opinion upon evidence

               ⇒ To entertain an erroneous opinion touching any point material the result of such Proceeding is said to fabricate False evidence

 II- Ingredients

I- Exist or make any False Entry

Whoever causes any circumstances to exist or make any false entry in any book or record or declaration or document contain False Statement

II- Intention to Appear in Evidence

Intending that such circumstance, False entry false Statement may appear in evidence in a proceeding taken by law before a public Servant as such before an arbitrator

III- Cause any person to form erroneous opinion

By that circumstance or False entry in g book or record or False Statement any document containing Causes to any person Form erroneous opinion touching any point material to result of such proceeding

6- Punishments

Following are punishment of false and fabricate evidence 

I- For False evidence

Imprisonment of Seven year and fine

II- Give or fabricate false evidence to procure conviction of capital Punishment

Imprisonment pf Ten year and Fine

Death or punishment if innocent person to be thereby Convicted and executed

III- Procure Conviction for life or seven year or upward

shall be punished as a person convicted offence would be liable to be punished.

7- Conclusion

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