Section 195 IPC: Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment

Indian Penal Code, 1860

Section 195 IPC at a Glance

Section 195 IPC deals with giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment. It is non-bailable and non-cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 231 BNS.

Punishment

The same as for the offence in question.

Non-Bailable โ“˜Non-Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Court of Session โ“˜
BNS Equivalent

Section 231 โ†’

Section 195 IPC Bare Act Text

195. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment

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.

Illustration

A gives false evidence before a Court of Justice, intending thereby to cause Z to be convicted of a dacoity. The punishment of dacoity is imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, with or without fine. A, therefore, is liable to imprisonment for life or imprisonment, with or without fine.

Source: Section 195, Indian Penal Code, 1860

Section 195 IPC in Simple Words

Section 195 of the Indian Penal Code (IPC) punishes giving or fabricating 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. The offence must be one that is not capital but is punishable with imprisonment for life, or with imprisonment for a term of seven years or upwards.

The offender is punished as a person convicted of that offence would be liable to be punished. The section fixes no term or fine of its own.

The Schedule marks it non-cognizable and non-bailable with a Court of Session as the trial court.

Ingredients of Section 195 IPC

  • The accused gave false evidence or fabricated false evidence
  • The accused intended thereby to cause, or knew it to be likely that the accused would thereby cause, a person to be convicted of an offence
  • The offence was not capital
  • The offence was punishable with imprisonment for life, or with imprisonment for a term of seven years or upwards

Punishment Under Section 195 IPC

Imprisonment

The same as for the offence in question.

Fine

The same as for the offence in question, with or without fine as that offence provides.

Non-Bailable โ“˜Non-Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Court of Session โ“˜

The punishment is whatever a person convicted of the offence in question would be liable to. The seven years in the section describe which offences bring it into play and are not the punishment. The offence is non-cognizable and non-bailable, and it is triable by a Court of Session.

Example of Section 195 IPC

In 2020 in Guwahati, Anirudh planted a fuel can bearing Hemant's fingerprints inside a burned warehouse so that it would appear in evidence at a criminal trial. Anirudh fabricated this false evidence intending to cause Hemant to be convicted of mischief by fire to destroy a building, an offence under Indian law that is not capital but is punishable with imprisonment for life or imprisonment for up to ten years. Because Anirudh fabricated false evidence intending to procure a conviction for an offence punishable with life imprisonment or seven years or upwards, Anirudh is punishable under Section 195 IPC.

When Section 195 IPC Does Not Apply

  • Section 195 IPC does not apply when the offence for which the accused seeks to procure a conviction is punishable with death.
  • Section 195 IPC does not apply when the offence targeted by the false evidence carries a maximum punishment of less than seven years of imprisonment and is not punishable with imprisonment for life.
  • Section 195 IPC does not apply when a person gives false testimony without intending to cause a conviction and without knowing that a conviction is likely to result from it.
  • Section 195 IPC does not apply when the witness testifies truthfully or presents genuine evidence.

Section 195 IPC in the BNS

Section 195 IPC is now covered under Section 231 BNS.

Section 195 IPC is now Section 231 BNS, with the same title, the same operative words and the same punishment rule. The one difference is in the illustration, which says a Court where the IPC says a Court of Justice.

View detailed comparison (IPC 195 vs BNS 231) โ†’

FAQs on Section 195 IPC

What does Section 195 IPC provide?โ–ผ

It punishes giving or fabricating false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, a person to be convicted of an offence that is not capital but is punishable with imprisonment for life or imprisonment for a term of seven years or upwards.

What is the punishment under Section 195 IPC?โ–ผ

The same punishment that a person convicted of the offence in question would be liable to. The seven years in the section only mark which offences are covered.

How does Section 195 IPC differ from Section 194 IPC?โ–ผ

Section 194 IPC covers false evidence meant to cause conviction of a capital offence. Section 195 IPC covers an offence that is not capital but is punishable with imprisonment for life or imprisonment for a term of seven years or upwards.

Which offences does Section 195 IPC cover?โ–ผ

Offences that are not capital but are punishable with imprisonment for life, or with imprisonment for a term of seven years or upwards.

Is an offence under Section 195 IPC cognizable and bailable?โ–ผ

It is non-cognizable and non-bailable.

Which court tries an offence under Section 195 IPC?โ–ผ

A Court of Session.

Can an offence under Section 195 IPC be compounded?โ–ผ

No. It is not listed in Section 320 CrPC.

Where is Section 195 IPC in the Bharatiya Nyaya Sanhita?โ–ผ

In Section 231 BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 ยท Last updated: 16 Oct 2026 ยท