Legal provisions regarding Using evidence known to be false under section 196 of Indian Penal Code, 1860.
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.”
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ADVERTISEMENTS:
Section 196 makes the use of false evidence as if it is true or genuine, punishable. The word ‘whoever’ includes even an accused person using false evidence for the purpose of his defence. A person conducting a case on behalf of a party can also be guilty of an offence under Section 196.
Section 196 uses the word ‘corruptly’ instead of ‘dishonestly’ which is defined in Sec. 24, IPC or ‘fraudulently’ which is defined in Section 25, IPC. The word ‘Corruptly’ is defined nowhere in the IPC. The word ‘corruptly’ in Section 196 means something different from ‘dishonestly’ or ‘fraudulently’. Although the user may not be dishonest or fraudulent, it may nevertheless be corrupt, if the user is designed to corrupt or prevent the course of justice.
Section 196 applies to those who make use of such evidence as is made punishable by Ss. 193, 194, 195, 195-A. It must be read with Sections 191 and 192, and can only apply to the use of evidence which was false evidence within the meaning of Section 191, or fabricating evidence, within the definition of 192.
ADVERTISEMENTS:
No prosecution can be instituted under Section 196 without the previous complaint of the court in public servant concerned, as required by Sec. 195 CrPC. The offence under Section 196 is non-cognizable, but warrant may issue in the first instance. It is bailable only if the offence of giving such evidence is bailable, otherwise it is non-bailable. It is non-compoundable, and is triable by the Court by which offence of giving or fabricating false evidence is triable.