Indian Penal Code, 1860
Section 193
repealedPunishment for false evidence
Whoever intentionally gives false evidence in any of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a 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.
Why this exists
The credibility of any justice system depends on truthful testimony and genuine evidence. The framers of the Indian Penal Code, drawing on English common law traditions against perjury, created Section 193 to deter witnesses, parties, and others from lying or manufacturing evidence, since false testimony can lead to wrongful convictions or unjust acquittals and undermines public trust in courts.
How courts read it
Indian courts have clarified that mere contradiction or an honest mistake in testimony does not amount to 'false evidence' — there must be intentional falsehood, meaning the person knew the statement was false or did not believe it to be true when making it. Courts have also held that a person cannot be convicted under this section merely because their statement is later disbelieved or differs from another witness's account; deliberate untruthfulness must be established, often assessed after a fair trial or inquiry (e.g., proceedings under Sections 340-344 CrPC for initiating perjury prosecutions).
Common misconceptions
- Myth: Any mistake or contradiction by a witness counts as 'false evidence' under this section.
Fact: Courts have clarified that only intentional, knowing falsehoods count — honest mistakes, memory lapses, or differing recollections are not punishable under Section 193. - Myth: This section applies only to witnesses in ongoing trials.
Fact: It also covers fabricating evidence meant to be used at any stage of a judicial proceeding, and extends (with lower punishment) to false evidence given outside judicial proceedings, such as in some other legal inquiries.