Section 194 IPC: Giving or fabricating false evidence with intent to procure conviction of capital offence

Section 194 IPC Bare Act Text

194. 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 law 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;

if innocent person be thereby convicted and executed.—and if an innocent person be convicted and executed in consequence of such false evidence, the person who gives such false evidence shall be punished either with death or the punishment hereinbefore described.

Source: Section 194, Indian Penal Code, 1860

Section 194 IPC in Simple Words

Ingredients of Section 194 IPC

• The accused gave false evidence or fabricated false evidence
• The accused intended thereby to cause a person to be convicted, or knew it to be likely that the accused would thereby cause a person to be convicted
• The offence of which that person was to be convicted is capital by the law for the time being in force in India
• For the punishment of death to be available, an innocent person was convicted and executed in consequence of the false evidence

Punishment Under Section 194 IPC

Giving or fabricating false evidence to procure a capital conviction carries imprisonment for life, or rigorous imprisonment for up to ten years, and fine. If an innocent person is convicted and executed in consequence, death or that punishment may be imposed.

Example of Section 194 IPC

When Section 194 IPC Does Not Apply

• Section 194 IPC does not apply when the false evidence is given or fabricated to secure a conviction for an offence that is not punishable with death under the law in force in India.
• Section 194 IPC does not apply when the witness neither intends to cause a capital conviction nor knows that the false evidence is likely to cause such a conviction.
• Section 194 IPC does not apply when the testimony or evidence presented in the capital trial is true or believed in good faith by the witness to be true.
• Section 194 IPC does not apply as to its death penalty clause when the innocent person is acquitted, is not executed, or was actually guilty of the capital offence.

Section 194 IPC in the BNS

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Sections Related to Section 194 IPC