Distinguish between ‘giving false evidence and fabricating false evidence’? [MPCJ 2015]
Ans. Section 191 and 192 of IPC respectively defines the offence of giving of false evidence and fabricating of false evidence. The aforesaid both offence is punishable under section 193 of IPC with same amount of punishment. But, with reference to ingredient of offence, they differ as follow:-
- In giving false evidence, there is making of false statement or false declaration despite of legal obligation to speak truth. Whereas, the offence of fabricating false evidence involves causing of any circumstances to exist or making of any false entry or of any document containing a false statement with a intention that it may appear before judicial proceeding or before public servant or an arbitrator.
- In giving false evidence, there is general mens rea in the form of knowledge and reason to believe. Whereas, in the offence of fabricating false evidence there has to be a particular intention i.e., to use a false entry etc in evidence in proceeding and to procure the formation of a wrong view on a material point.
- In giving false evidence, the offence is complete at the moment when a false statement or declaration is made irrespective of the fact that such statement or declaration may not have been in relation to a material point of proceeding. Whereas, in the offence of fabricating false evidence, the fabrication must be on a point material to the proceeding so as to lead court or concerned officer to form an erroneous opinion touching any material object.
- In giving false evidence, there must be a proceeding, judicial or non-judicial in existence at the time when the offence is committed. Whereas, in the offence of fabricating false evidence, it is enough that there is a reasonable prospect of a proceeding and the fabricated evidence is intended to be used in such a proceeding.