Section 196 IPC - Using Evidence Known to Be False
Section 196 of the Indian Penal Code, 1860 punished a person who corruptly used or attempted to use as true or genuine any evidence which that person knew to be false or fabricated.
Section 196 IPC - Statutory Provision
Using evidence known to be false.
Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.
Essential Ingredients of Section 196 IPC
- Use or attempted use: the section expressly covers both actual use and an attempt to use the evidence.
- As true or genuine: the false or fabricated material must be used or attempted to be used as true or genuine evidence.
- Knowledge: the person must know that the evidence is false or fabricated.
- Corrupt use: the statutory language requires the use or attempted use to be corrupt.
- Linked punishment: punishment follows the same manner as if the offender had given or fabricated the false evidence.
What Does Section 196 Punish?
Sections 191 IPC and 192 IPC dealt respectively with giving false evidence and fabricating false evidence. Section 196 extended criminal liability to the corrupt use, or attempted use, of evidence already known by the user to be false or fabricated.
Knowledge That Evidence Is False or Fabricated
The knowledge requirement is express. The section applies where the person knows the evidence to be false or fabricated. The statutory wording therefore distinguishes knowing use from a situation where a person does not know that the evidence is false or fabricated.
Attempt to Use False Evidence
Completed use is not the only conduct covered. Section 196 expressly includes an attempt to use false or fabricated evidence as true or genuine. Whether particular conduct amounts to an attempt depends on the facts and the applicable principles governing criminal attempt.
Punishment Under Section 196 IPC
| Conduct | Statutory consequence |
|---|---|
| Corruptly using or attempting to use as true or genuine evidence known to be false or fabricated | Punished in the same manner as if the offender gave or fabricated false evidence |
Accordingly, the applicable punishment is linked to the punishment that would apply to giving or fabricating the relevant false evidence. Section 193 IPC prescribed the general punishment for false evidence, while Sections 194 IPC and 195 IPC dealt with specified aggravated circumstances.
Section 195 CrPC and Court Proceedings
Section 196 IPC should be distinguished from procedural provisions governing prosecution. Under the pre-BNSS Code of Criminal Procedure, 1973, Section 195(1)(b) restricted cognizance of specified offences, including offences under Sections 193 to 196 IPC, when committed in or in relation to a proceeding in a court, except upon the written complaint of that court or of a court to which it was subordinate, subject to the statutory conditions. Section 340 CrPC provided the associated procedure for considering such a complaint.
Section 196 and Section 198 IPC - Difference
Section 196 broadly addressed corrupt use or attempted use of evidence known to be false or fabricated. Section 198 IPC specifically dealt with using as true a certificate known to be false in a material point where the certificate was one contemplated by Section 197 IPC.
Pre-BNS Legal Position
Section 196 formed part of Chapter XI of the IPC 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 conduct or proceedings span the transition to the new criminal laws, the applicable repeal, saving and transitional provisions should be considered separately.
Legal information: This article provides general statutory information and does not substitute for legal advice concerning evidence or a particular criminal proceeding.