Illustration. An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in the section. For commentary, see Part II., Chapter VI. to a public servant. 189. Whoever holds out any threat of injury to any public servant, or to any person in whom Threat of injury he believes that public servant to be interested, for the purpose of inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Commentary. I conceive that the injury referred to in the above sections need not necessarily be an illegal injury, and that any threat of harm which is not the lawful result of the act itself is prohibited. For instance, it is perfectly lawful to prosecute a public servant for bribery. But if a suitor were to threaten a Moonsiff with disclosure of an act of bribery, in order to influence his decision in a suit pending before him, this would be a criminal act. If, however, an official were about to perform an illegal act, it would not be criminal to threaten that he should be reported and held up to the displeasure of his superiors. For this would be merely the lawful result of the act which he was committing. Where the threat is verbal only, it is material to establish the precise words that were used, so as to enable the Court to judge whether the threat was one of injury, or only such a threat of making a lawful complaint as would be justifiable under the facts of the case. v. Maheshri Bakhsh, 8 All., 380.) Threat of injury to induce any per son to refrain from applying for protection to a public (Reg. 190. Whoever holds out any threat of injury to any person for the purpose of inducing that person to refrain or desist from making a legal application for protection against any injury, to any public servant legally empowered as such to give such protection or to cause such protection to be given, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. servant. Commentary. See the petition of Paul de Cruz, 8 Mad., 140, and commentary to s. 508, Part II., § 697. CHAPTER XI. OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. For commentary on this chapter, see Part II., Chapter VII., and special references to the following sections. Giving false evidence. 191. WHOEVER, being legally bound on an oath, or by any 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 either knows or believes to be false, or does not believe to be true, is said to give false evidence. Explanation 1.-A statement is within the meaning of the section, whether it is made verbally or otherwise. Explanation 2.-A false statement as to the belief of the person attesting is within the meaning of the section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know. Illustrations. (a) A, in support of a just claim which B has against Z for one thousand rupees, falsely swears on a trial that he heard Z admit the justice of B's claim. A has given false evidence. (b) A, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that which he knows to be false, and therefore gives false evidence. (c) A, knowing the general character of Z's handwriting, states that he believes a certain signature to be the handwriting of Z; A in good faith believing it to be so. Here A's statement is merely as to his belief and is true as to his belief, and, therefore, although the signature may not be the handwriting of Z, A has not given false evidence. (d) A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not knowing anything upon the subject. A gives false evidence whether Z was at the place on the day named or not. (e) A, an interpreter or translator, gives or certifies as a true interpretation or translation of a statement or document which he is bound by oath to interpret or translate truly, that which is not, and which he does not believe to be a true interpretation or translation. A has given false evidence. For commentary on this section, see Part II., §§ 324–331. 192. evidence. Whoever causes any circumstances to exist, or makes any false entry in any book or reFabricating false cord, or makes any document 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." Illustrations. (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. For commentary on this section, see Part II., §§ 337-342. Punishment for false evidence. 193. 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. The words 66 Commentary. or before a Military Court of Request" formerly con ained in this explanation are repealed by Act XIII. of 1889. 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. Illustration. A, in an inquiry 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 inquiry is a stage of a judicial proceeding, A has given false evidence. 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 judicial proceeding, though that investigation may not take place before a Court of Justice. Illustration. A, in an inquiry 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 inquiry is a stage of a judicial proceeding, A has given false evidence. For commentary on this section, see Part II., §§ 343-350. 194. Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be Giving or fabri- likely that he will thereby cause, any person to be convicted of an offence which is capital tion of a capital by the law of British India or England cating false evidence with intent offence. (Act IX. of 1890, s. 149), shall be punished with transportation 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 convicted and executed in consequence of such false evidence, the person who gives such false evidence shall be punished either with death or the punishment hereinbefore described. If innocent person be thereby convicted and executed. Commentary. A man who, on the trial of A for murder, states that the murder was not committed by A, but that it was committed by B, who is not in custody, has not committed an offence under s. 194, as his evidence, so given, cannot cause any person to be convicted of a capital offence. He is only punishable under s. 193. (Reg. v. Hardyal, 3 B. L. R. A. Cr., 35.) Giving or fabricating false evi 195. 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 by the law of British India or England (Act IX. of 1890, s. 149), is not capital, but punishable with transportation for life, or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished. dence with intent to procure conviction of an offence punishable with transportation or imprisonment. Illustration. A gives false evidence before a Court of Justice, intending thereby to cause Z to be convicted of a dacoity. The punishment of dacoity is transportation for life, or rigorous imprisonment for a term which may extend to ten years, with or without fine. A, therefore, is liable to such transportation or imprisonment with or without fine. Commentary. Where a man burns his own house and charges another with the act, he should be convicted under s. 211, and not under this section. (Reg. v. Bhugwan, 8 Suth. Cr., 65.) 196. 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. Using evidence known to be false. For commentary on this section, see Part II., § 351. Issuing or signing a false certificate. 197. Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence. For commentary on this section, see Part II., § 328. 198. Whoever corruptly uses, or attempts to use, any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence. one Using as a true certificate known to be false in a material point. |