IPC Sections 193 to 207: False Evidence and Offences Against Public Justice

Chapter XI of the Indian Penal Code, 1860 dealt with false evidence and a wider group of offences affecting the administration of justice. This article explains IPC Sections 193 to 207, their essential scope, maximum punishment and pre-BNS procedural classification.

Legal period covered: This article states the central IPC and CrPC position immediately before 1 July 2024, when the Bharatiya Nyaya Sanhita, 2023 and the new criminal procedure framework came into force. It is intended for IPC-era offences and proceedings for which the earlier law remains relevant. Applicable state amendments and case-specific procedural rules should also be checked.

What are false evidence and offences against public justice?

Chapter XI protected the integrity of judicial and other legally recognized proceedings. Sections 193 to 200 dealt principally with punishment for false evidence, aggravated false evidence, use of false evidence, false certificates and false declarations. Sections 201 to 207 addressed conduct such as disappearance of evidence, withholding or falsifying information about offences, destruction of evidence, false personation in proceedings and fraudulent interference with property liable to lawful seizure.

Key definitions: giving and fabricating false evidence

IPC Section 191 - Giving false evidence: The underlying concept was a person who, being legally bound by oath, an express provision of law, or a declaration required by law to state the truth, made a statement that was false and that the person knew or believed to be false, or did not believe to be true.

IPC Section 192 - Fabricating false evidence: Broadly, this covered causing a circumstance to exist, making a false entry in a book or record, or making a document containing a false statement with the required intention that it appear in evidence and cause the decision-maker to form an erroneous opinion on a material point.

These definitions are important because Section 193 supplied the punishment for giving or fabricating false evidence, while later provisions adopted or depended on the false-evidence framework.

IPC Sections 193 to 207: punishment, cognizability, bail and trial court

IPC Section	Offence	Maximum punishment	Cognizability	Bail	Court
193	Giving or fabricating false evidence in a judicial proceeding	Up to 7 years and fine	Non-cognizable	Bailable	Magistrate of the First Class
193	Giving or fabricating false evidence in any other case	Up to 3 years and fine	Non-cognizable	Bailable	Any Magistrate
194	False evidence intended to procure conviction of a capital offence	Imprisonment for life, or rigorous imprisonment up to 10 years, and fine	Non-cognizable	Non-bailable	Court of Session
194	If an innocent person is thereby convicted and executed	Death, or the punishment stated above	Non-cognizable	Non-bailable	Court of Session
195	False evidence intended to procure conviction of an offence punishable with imprisonment for life or imprisonment of 7 years or more	Punished as a person convicted of that target offence would be liable to be punished	Non-cognizable	Non-bailable	Court competent for the corresponding offence
196	Using evidence known to be false or fabricated	Punished in the same manner as giving or fabricating false evidence	Non-cognizable	Depends on underlying false-evidence offence	Court competent for underlying false-evidence offence
197	Issuing or signing a false certificate required or authorized by law, knowing or believing it false in a material point	Same punishment as giving false evidence	Non-cognizable	Bailable	Court competent for corresponding false-evidence offence
198	Using as true a certificate known to be false in a material point	Same punishment as giving false evidence	Non-cognizable	Bailable	Court competent for corresponding false-evidence offence
199	False statement in a declaration receivable by law as evidence	Same punishment as giving false evidence	Non-cognizable	Bailable	Court competent for corresponding false-evidence offence
200	Using as true a declaration known to be false in a material point	Same punishment as giving false evidence	Non-cognizable	Bailable	Court competent for corresponding false-evidence offence
201	Causing disappearance of evidence or giving false information to screen offender - capital offence	Up to 7 years and fine	As underlying offence	Bailable	Court of Session
201	Underlying offence punishable with imprisonment for life or up to 10 years	Up to 3 years and fine	As applicable under First Schedule	Bailable	Magistrate of the First Class
201	Underlying offence punishable with less than 10 years	Up to one-fourth of longest term provided for underlying offence, or fine, or both	As applicable under First Schedule	Bailable	Court by which underlying offence is triable
202	Intentional omission to give information of an offence by a person legally bound to inform	Up to 6 months, or fine, or both	Non-cognizable	Bailable	Any Magistrate
203	Giving false information respecting an offence committed	Up to 2 years, or fine, or both	Non-cognizable	Bailable	Any Magistrate
204	Secreting or destroying document or electronic record to prevent production as evidence	Up to 2 years, or fine, or both	Non-cognizable	Bailable	Magistrate of the First Class
205	False personation for purpose of an act or proceeding in a suit or criminal prosecution, or becoming bail or security	Up to 3 years, or fine, or both	Non-cognizable	Bailable	Magistrate of the First Class
206	Fraudulent removal or concealment of property to prevent seizure as forfeiture, satisfaction of fine, or execution of decree	Up to 2 years, or fine, or both	Non-cognizable	Bailable	Any Magistrate
207	Fraudulent claim to property to prevent lawful seizure or taking	Up to 2 years, or fine, or both	Non-cognizable	Bailable	Any Magistrate

This is a concise central-law classification for the IPC/CrPC period. Some offences take their classification or forum from the underlying offence. Exact application requires the statutory text, First Schedule, relevant amendments and facts to be checked.

IPC Section 193 - Punishment for false evidence

Section 193 punished intentional giving of false evidence in a judicial proceeding and fabrication of false evidence for use in a judicial proceeding more severely than false evidence in other cases. The concepts of giving false evidence and fabricating false evidence were defined in IPC Sections 191 and 192.

IPC Section 194 - False evidence to procure conviction of capital offence

Section 194 addressed the aggravated case where false evidence was given or fabricated with the intention, or requisite knowledge, that it would cause or be likely to cause conviction for an offence punishable with death. If an innocent person was convicted and executed in consequence, the section permitted the gravest punishment.

IPC Section 195 - False evidence to procure conviction of serious offence

Section 195 applied where false evidence was intended, or known to be likely, to procure conviction for an offence punishable with imprisonment for life or imprisonment for seven years or more. Punishment was linked to the punishment for the offence sought to be falsely established.

IPC Section 196 - Using evidence known to be false

Section 196 treated a person who corruptly used or attempted to use evidence known to be false or fabricated in the same manner as if that person had given or fabricated the false evidence.

IPC Section 197 - Issuing or signing false certificate

Section 197 concerned a certificate required or authorized by law to be given or signed, or relating to a fact of which such certificate was legally admissible in evidence, where the issuer or signatory knew or believed it to be false in a material point.

IPC Section 198 - Using false certificate as true

Section 198 applied to corrupt use or attempted use as true of a certificate known to be false in a material point.

IPC Section 199 - False statement in declaration receivable as evidence

Section 199 applied to a materially false statement in a declaration that a Court of Justice, public servant or other person was bound or authorized by law to receive as evidence, where the maker knew or believed the statement false or did not believe it true.

IPC Section 200 - Using false declaration as true

Section 200 punished corrupt use or attempted use as true of a declaration known to be false in a material point.

IPC Section 201 - Causing disappearance of evidence or screening offender

Section 201 required knowledge or reason to believe that an offence had been committed, followed by causing evidence of that offence to disappear, or giving information known or believed to be false, with the intention of screening the offender from legal punishment. The maximum punishment depended on the seriousness of the underlying offence.

IPC Section 202 - Intentional omission to give information

Section 202 applied where a person who knew or had reason to believe that an offence had been committed intentionally omitted to give information concerning it when legally bound to give that information.

IPC Section 203 - False information respecting an offence

Section 203 punished giving information concerning an offence that the giver knew or believed to be false.

IPC Section 204 - Destruction of document or electronic record to prevent production

Section 204 covered secreting or destroying a document or electronic record, or rendering it illegible, with the intention of preventing its production or use as evidence before a Court or public servant where production could lawfully be compelled.

IPC Section 205 - False personation in suit or prosecution

Section 205 punished false personation of another person for specified acts in a suit or criminal prosecution, including making admissions or statements, confessing judgment, causing process to issue, or becoming bail or security.

IPC Section 206 - Fraudulent removal or concealment of property

Section 206 addressed fraudulent removal, concealment, transfer or delivery of property, or release of a claim, to prevent lawful taking of that property as forfeiture, in satisfaction of a fine, or in execution of a decree or order.

IPC Section 207 - Fraudulent claim to property

Section 207 punished fraudulent acceptance, receipt or claim to property without right, or deception touching a right to property, with the specified intention of preventing lawful seizure or taking.

Section 195 CrPC: special rule for prosecution of certain public justice offences

For specified offences affecting the administration of justice, the ordinary ability to initiate prosecution was restricted. Under Section 195(1)(b) CrPC, where an offence punishable under IPC Sections 193 to 196, 199, 200, 205 to 211 or 228 was alleged to have been committed in, or in relation to, a proceeding in a Court, cognizance could generally be taken only on a written complaint of that Court, an officer authorized by it in writing, or a Court to which that Court was subordinate, subject to the precise statutory terms.

This procedural restriction was significant: the ingredients of the IPC offence and the statutory route by which the criminal court could take cognizance were separate questions. A case involving alleged false evidence in a court proceeding therefore required examination of both the substantive IPC provision and Section 195 CrPC.

Position after commencement of the Bharatiya Nyaya Sanhita

The BNS replaced the IPC as the principal central penal statute from 1 July 2024. This page intentionally preserves and explains the legal position immediately before that transition. For conduct governed by the new criminal laws, the corresponding BNS and BNSS provisions should be consulted rather than assuming that the old IPC section numbering remains applicable.

Practical checklist for an IPC-era allegation

Identify the exact section and then examine the statutory ingredients, the required knowledge or intention, whether the alleged act occurred in or in relation to a court proceeding, the seriousness of any underlying offence, the applicable First Schedule classification, and whether Section 195 CrPC required a complaint by the Court or another specified authority. These issues can materially affect cognizance, forum and the nature of the prosecution.