Section 193 IPC: Punishment for false evidence
Indian Penal Code, 1860
Section 193 IPC at a Glance
Section 193 IPC deals with punishment for false evidence. It is bailable and non-cognizable; from 1 July 2024 it is replaced by Section 229 BNS.
Imprisonment of either description for up to seven years where the false evidence is given or fabricated in a judicial proceeding. Imprisonment of either description for up to three years in any other case.
Section 193 IPC Bare Act Text
193. Punishment for false evidence
Whoever intentionally gives false evidence in any stage 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.
Explanation 1.—A trial before a Court-martial is a judicial proceeding.
Explanation 2.—An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.
IllustrationA, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence.
Explanation 3.—An investigation directed by a Court of Justice according to law, and conducted under the authority of a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.
IllustrationA, in an enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence.
Source: Section 193, Indian Penal Code, 1860
Section 193 IPC in Simple Words
Section 193 of the Indian Penal Code (IPC) punishes intentionally giving false evidence in any stage of a judicial proceeding, and fabricating false evidence for the purpose of being used in any stage of a judicial proceeding. The punishment is imprisonment of either description for up to seven years, and also fine. Intentionally giving or fabricating false evidence in any other case is punished with imprisonment of either description for up to three years, and also fine.
A trial before a Court-martial is a judicial proceeding. An investigation directed by law preliminary to a proceeding before a Court of Justice, and an investigation directed by a Court of Justice according to law and conducted under its authority, are each a stage of a judicial proceeding, though not held before a Court of Justice. The offence is non-cognizable and bailable.
It is triable by a Magistrate of the first class where it is committed in a judicial proceeding, and by any Magistrate in any other case.
Ingredients of Section 193 IPC
- The accused gave false evidence, or fabricated false evidence
- The accused did so intentionally
- For the seven year limb, the false evidence was given in a stage of a judicial proceeding, or was fabricated for the purpose of being used in a stage of a judicial proceeding
- For the three year limb, the false evidence was given or fabricated in any other case
- The proceeding includes a trial before a Court-martial, and an investigation directed by law preliminary to a proceeding before a Court of Justice, or directed by a Court of Justice according to law and conducted under its authority, is a stage of a judicial proceeding
Punishment Under Section 193 IPC
Imprisonment of either description for up to seven years where the false evidence is given or fabricated in a judicial proceeding. Imprisonment of either description for up to three years in any other case.
Fine in addition to imprisonment in both cases. The section fixes no amount.
Giving or fabricating false evidence in a judicial proceeding carries imprisonment of either description for up to seven years, and also fine. In any other case it carries imprisonment of either description for up to three years, and also fine.
Example of Section 193 IPC
When Section 193 IPC Does Not Apply
- Section 193 IPC does not apply when a witness makes an incorrect statement under oath by honest mistake and without any intention to give false evidence.
- Section 193 IPC does not apply when the testimony given or the record produced in the proceeding is true and genuine.
- Section 193 IPC does not apply to the higher seven-year punishment limb when the false evidence is neither given in any stage of a judicial proceeding nor fabricated to be used in any stage of a judicial proceeding.
- Section 193 IPC does not apply when a person makes an untrue statement while not legally bound by an oath, an express provision of law, or a legal duty to make a declaration, and without fabricating any evidence.
Section 193 IPC in the BNS
Section 193 IPC is now covered under Section 229 BNS.
Section 193 IPC is now Section 229 BNS, with the same title and the same offence. The BNS sets out the two limbs as sub-section one and sub-section two. It keeps the imprisonment at up to seven years and up to three years, and it fixes a maximum fine where the IPC fixed no amount. The fine may extend to ten thousand rupees under sub-section one and to five thousand rupees under sub-section two. The second limb, which the IPC words as any other case, now reads any case other than that referred to in sub-section one. Explanation 1 is unchanged. In Explanations 2 and 3 and in the second Illustration the BNS reads Court where the IPC reads Court of Justice.
View detailed comparison (IPC 193 vs BNS 229) →FAQs on Section 193 IPC
What does Section 193 IPC provide?▼
It punishes intentionally giving false evidence in any stage of a judicial proceeding, or fabricating false evidence for the purpose of being used in any stage of a judicial proceeding, and intentionally giving or fabricating false evidence in any other case.
What is the punishment under Section 193 IPC?▼
Imprisonment of either description for up to seven years, and also fine, where the false evidence is in a judicial proceeding. Imprisonment of either description for up to three years, and also fine, in any other case.
How does Section 193 IPC differ from Section 194 IPC?▼
Section 193 IPC punishes intentionally giving or fabricating false evidence, with a seven year limb for a judicial proceeding and a three year limb for any other case. Section 194 IPC punishes giving or fabricating false evidence with intent to procure the conviction of a capital offence.
What counts as a stage of a judicial proceeding under Section 193 IPC?▼
The Section names a trial before a Court-martial as a judicial proceeding. An investigation directed by law preliminary to a proceeding before a Court of Justice is a stage of a judicial proceeding. So is an investigation directed by a Court of Justice according to law and conducted under its authority. Neither need take place before a Court of Justice.
Is an offence under Section 193 IPC cognizable and bailable?▼
It is non-cognizable and bailable.
Which court tries an offence under Section 193 IPC?▼
A Magistrate of the first class where the false evidence is in a judicial proceeding, and any Magistrate in any other case.
Can an offence under Section 193 IPC be compounded?▼
No. It is not listed in Section 320 CrPC.
Where is Section 193 IPC in the Bharatiya Nyaya Sanhita?▼
In Section 229 BNS.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·