Section 192 IPC - Fabricating False Evidence

Section 192 of the Indian Penal Code, 1860 defined "fabricating false evidence." It covered creating a false circumstance, entry, document or electronic record with the required intention that it appear in evidence and mislead the person who must form an opinion on a material point in a specified proceeding.

Applicable legal period: This article explains Section 192 IPC as applicable before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. Earlier offences and proceedings remain subject to the applicable repeal, saving and transitional provisions.

Section 192 IPC - Statutory Definition

Fabricating false evidence.

Whoever causes any circumstance to exist or makes any false entry in any book or record, or electronic record or makes any document or electronic record containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding is said "to fabricate false evidence".

Essential Ingredients of Section 192 IPC

Creation of false material: the person must cause a circumstance to exist, make a false entry in a book, record or electronic record, or make a document or electronic record containing a false statement.
Intended use as evidence: the person must intend that the circumstance, false entry or false statement may appear in evidence.
Specified proceeding: the intended evidentiary use must be in a judicial proceeding, a proceeding taken by law before a public servant as such, or a proceeding before an arbitrator.
Intention to mislead: the material must be intended to cause a person who has to form an opinion upon the evidence to entertain an erroneous opinion.
Material point: the erroneous opinion must concern a point material to the result of the proceeding.

Electronic Records Under Section 192 IPC

The statutory text expressly included an "electronic record." The electronic-record wording was introduced by the Information Technology Act, 2000 (Act 21 of 2000), Section 91 and the First Schedule, with effect from 17 October 2000. Accordingly, fabrication under the pre-BNS IPC framework was not confined to paper books, records or documents.

Proceedings Covered by Section 192

Judicial proceeding	The fabricated circumstance, entry or statement may be intended to appear in evidence in a judicial proceeding.
Proceeding before public servant	The section also covered a proceeding taken by law before a public servant acting as such.
Proceeding before arbitrator	The definition expressly included intended evidentiary use before an arbitrator.

Illustrations to Section 192 IPC

(a) A puts jewels into a box belonging to Z, with the intention that they may be found in that box, and that this circumstance may cause Z to be convicted of theft. A has fabricated false evidence.

(b) A makes a false entry in his shop-book for the purpose of using it as corroborative evidence in a Court of Justice. A has fabricated false evidence.

(c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in imitation of Z's handwriting, purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter in a place which he knows that the officers of the police are likely to search. A has fabricated false evidence.

Why Intention Is Important Under Section 192

The definition requires more than the mere existence of inaccurate or false material. The statutory intention links the fabricated circumstance, entry or statement to its anticipated appearance in evidence and to its capacity to cause an erroneous opinion on a point material to the result of the proceeding.

Section 191 and Section 192 IPC - Difference

Section 191 IPC defined giving false evidence, principally addressing a false statement by a person legally bound to state the truth or make a declaration. Section 192 addressed fabricating false evidence, including creating circumstances, false entries, documents or electronic records with the evidentiary intention specified in the section.

Punishment for False Evidence - Section 193 IPC

Section 192 itself defined fabrication. The punishment for intentionally giving false evidence in a stage of a judicial proceeding, or fabricating false evidence for the purpose of being used in a stage of a judicial proceeding, and the punishment applicable to other cases covered by that provision, were dealt with under Section 193 IPC.

Section 195 and Section 340 CrPC

Where an alleged false-evidence offence was committed in or in relation to a proceeding in a court, Section 195 of the Code of Criminal Procedure, 1973 imposed restrictions on cognizance for specified offences, while Section 340 CrPC provided the procedural mechanism by which a court could consider making a complaint in appropriate cases. Their application depended on the particular offence and its relationship with the court proceeding.

Pre-BNS Legal Position

Section 192 formed part of Chapter XI of the Indian Penal Code concerning false evidence and offences against public justice. This article describes the IPC and CrPC framework before commencement of the Bharatiya Nyaya Sanhita, 2023. Where the alleged conduct or proceedings span the change in criminal laws, the applicable saving and transitional provisions should be considered separately.

Amendment note: The electronic-record language in Section 192 was substituted by Act 21 of 2000, Section 91 and the First Schedule, with effect from 17 October 2000.

Legal information: This article provides general statutory information and does not substitute for legal advice concerning evidence or a particular proceeding.