Section 193 IPC - Punishment for False Evidence

Section 193 of the Indian Penal Code, 1860 prescribed punishment for intentionally giving false evidence and fabricating false evidence. It provided a higher punishment where the conduct concerned a stage of a judicial proceeding and a lower maximum imprisonment for other cases.

Applicable legal period: This article explains Section 193 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 193 IPC - Statutory Provision

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.

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.

Punishment Under Section 193 IPC

Conduct	Maximum imprisonment	Fine
Intentionally giving false evidence in any stage of a judicial proceeding	Imprisonment of either description up to 7 years	Also liable to fine
Fabricating false evidence for the purpose of being used in any stage of a judicial proceeding	Imprisonment of either description up to 7 years	Also liable to fine
Intentionally giving or fabricating false evidence in any other case	Imprisonment of either description up to 3 years	Also liable to fine

Essential Elements of Section 193 IPC

False evidence or fabrication: the conduct must amount to giving false evidence or fabricating false evidence under the applicable IPC provisions.
Intention: Section 193 expressly uses the word "intentionally" for giving or fabricating false evidence.
Judicial proceeding: the seven-year limb applies to giving false evidence in a stage of a judicial proceeding or fabricating it for use in such a stage.
Other cases: intentional giving or fabrication of false evidence falling outside that judicial-proceeding limb attracts the second punishment tier stated in the section.

Meaning of Giving and Fabricating False Evidence

Section 191 IPC defined "giving false evidence." Section 192 IPC defined "fabricating false evidence." Section 193 supplied the punishment for the conduct covered by those provisions according to the setting in which the false evidence was given or intended to be used.

What Counts as a Stage of a Judicial Proceeding?

Section 193 itself extended the concept through its Explanations. A Court-martial trial was treated as a judicial proceeding. It also treated certain investigations preliminary to court proceedings, and investigations directed and conducted under the authority of a Court of Justice, as stages of a judicial proceeding even though they might occur outside the court itself.

Illustration to Explanation 2

A, 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.

Illustration to Explanation 3

A, 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.

Section 195 CrPC and False Evidence in Court Proceedings

Under the pre-BNSS Code of Criminal Procedure, 1973, Section 195(1)(b) restricted a court from taking cognizance of specified offences, including offences under Sections 193 to 196 IPC, when committed in or in relation to a proceeding in any court, except on the complaint in writing of that court or of a court to which it was subordinate, subject to the statutory framework.

Section 340 CrPC - Procedure Relating to Court Complaint

Section 340 CrPC provided the procedure associated with offences referred to in Section 195(1)(b). Where the statutory conditions were satisfied, the court could consider whether it was expedient in the interests of justice to make a complaint after following the procedure contemplated by Section 340. The applicability of Sections 195 and 340 depended on the facts, the alleged offence and its relationship with the court proceeding.

Historical Amendment Note

The source text records that the words "or before a Military Court of Request" in Explanation 1 were repealed by Act 13 of 1889, Section 2 and the Schedule.

Pre-BNS Legal Position

Section 193 formed part of Chapter XI of the Indian Penal Code concerning false evidence and offences against public justice. This page describes the IPC and CrPC framework before commencement of the Bharatiya Nyaya Sanhita, 2023. Where alleged conduct or proceedings span the transition to the new criminal laws, the applicable repeal, saving and transitional provisions should be examined separately.

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