Indian Penal Code, 1860
Section 195
repealedGiving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment for life or with imprisonment for 7 Years or upwards
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.
Why this exists
The British colonial framers of the IPC wanted to protect the integrity of the justice system by deterring people from lying under oath or planting false evidence. Section 195 recognizes that false testimony aimed at serious crimes (life imprisonment or long-term jail sentences) can destroy an innocent person's life, so it mirrors the punishment for the underlying offence to make the deterrent proportionate to the harm intended.
Common misconceptions
- Myth: Section 195 applies to all types of false evidence, no matter how minor the case.
Fact: This section only applies when the false evidence targets convictions for serious offences—those punishable by life imprisonment or 7+ years, not minor crimes. - Myth: The false witness gets a fixed, lighter punishment for lying.
Fact: The punishment is not fixed separately; it matches whatever punishment the wrongly accused person would have received for the actual offence.