What is Section 194 IPC? Giving false evidence to procure conviction of capital offence
Published on: Lawiz Team
Learn about Section 194 IPC: Giving false evidence to procure conviction of capital offence
Official Legal Text
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 is capital by the law for the time being in force in India, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine;
And if an innocent person be thereby convicted and executed in consequence of such false evidence, the person who gives such false evidence shall be punished with death, or imprisonment for life.
What This IPC Section Means – Explained in Simple Words
Section 194 punishes anyone who gives or fabricates false evidence with the intent to secure the conviction of an innocent person for an offence punishable by death.
Purpose
To prevent the use of false evidence to wrongfully convict an innocent person of a capital offence.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Death or imprisonment for life, or rigorous imprisonment up to 10 years and fine.
Key Elements
The person must give or fabricate false evidence with the intent to secure conviction for a capital offence (punishable by death).
Punishment Details
If an innocent person is sentenced to death, the person giving false evidence may be punished with death or imprisonment for life. Otherwise, imprisonment of either description for a term which may extend to ten years, and with fine.
Legal Defenses
If the person can prove the evidence was genuine or that they had no intent to secure a wrongful conviction.
Judicial Interpretation
Courts focus on the intention to secure a wrongful conviction for a capital offence.
Illustration
If a person falsely testifies that they saw another person commit murder, they can be punished under Section 194.
FAQs
What does Section 194 IPC define?
Giving or fabricating false evidence with intent to procure conviction of capital offence.
Where is Section 194 IPC applicable?
It applies to false evidence, obstruction of justice, and non-cooperation with public authorities.
Why is Section 194 IPC important?
It ensures the integrity of judicial and administrative processes by punishing falsehood and obstruction.
Give an example involving Section 194 IPC.
Examples include giving false statements under oath or preventing summons service.
What punishment is applicable under Section 194 IPC?
Punishment ranges from fines to several years of imprisonment based on offence severity.
Is Section 194 IPC linked to other IPC laws?
Yes, especially with laws governing evidence, court proceedings, and public duties.
How have courts interpreted Section 194 IPC?
Courts stress strict adherence to truth and severe penalties for falsehoods and obstruction.