This section only applies if the person actually gets sentenced to death.

The offence is complete once someone gives or fabricates false evidence with the intention or knowledge that it could lead to a capital conviction — it does not require that the false evidence actually succeeded in causing a death sentence.

Only witnesses in court can be punished under this section.

The section covers anyone who gives false evidence or fabricates false evidence, which can include planting physical evidence or creating false documents, not just spoken testimony.

Indian Penal Code, 1860

Section 194

repealed

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;§

Why this exists

The Indian Penal Code, drafted under British colonial rule and enacted in 1860, treats false evidence as a serious crime because it corrupts the justice system. This particular section singles out cases where the false evidence could lead to a death sentence, since a wrongful capital conviction can result in an irreversible loss of life. The drafters wanted especially severe punishment to deter people from fabricating evidence in the highest-stakes criminal cases.

Common misconceptions

Myth: This section only applies if the person actually gets sentenced to death.
Fact: The offence is complete once someone gives or fabricates false evidence with the intention or knowledge that it could lead to a capital conviction — it does not require that the false evidence actually succeeded in causing a death sentence.
Myth: Only witnesses in court can be punished under this section.
Fact: The section covers anyone who gives false evidence or fabricates false evidence, which can include planting physical evidence or creating false documents, not just spoken testimony.