“Whoever being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he knows or believes to be false, or does not believe to be true, is said to give false evidence.”
The above definition of false evidence has been incorporated in Section 191 of the Indian Penal Code.
In fact, Sections 191, 192 and 193 deal with giving or fabricating of false evidence, while Section 191 specifically deals with the definition of what amounts to giving of false evidence.
‘X’, in support of a correct claim which ‘A’ has against ‘B’ for Rs. 5000, falsely swears during a trial that he has heard ‘B’ admit the justice of A’s claim. Here, ‘X’ has given false evidence.
Punishment for false evidence
Any person who intentionally has given false evidence in any stage of a particular judicial proceeding, or has actually fabricated false evidence which has been used at any stage during a judicial proceeding, has been prescribed vide Section 193 of IPC, to be punished with imprisonment of either description for a term which may extend up to 7 years. He shall also be liable to fine.
Any person intentionally giving false evidence in any other case shall be punished with imprisonment of either description for a term extendable up to 3 years. He too will be liable to fine.