Legal provisions regarding Giving or fabricating false evidence with intent to procure conviction of capital offence under section 194 of Indian Penal Code, 1860.
Giving or fabricating false evidence with intent to procure conviction of capital offence:
“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.
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If innocent person be thereby convicted and executed:-
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.”
To constitute an offence under Section 194 the accused must give false evidence intending thereby to cause some person to be convicted of a capital offence. A person who brings before a court a witness, whom he has tutored to tell a false story concerning a murder case before it, commits an offence under Section 194.
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For the second clause, prove further –
(i) That the capital punishment was carried into effect; and
(ii) That the person executed was an innocent person.
The offence under Section 194 is non-cognizable but warrant should ordinarily issue in the first instance. It is both non- bailable and non-compoundable and triable in Court of Session.