Legal Provisions of Section 194 of Indian Penal Code, 1860.
Giving or fabricating false evidence with intent to procure conviction of capital offence:
This section is an aggravated form of the offence under section 193 and punishes giving of fabricating false evidence with the intention of procuring conviction of a capital offence. The section says that whoever either gives or fabricate false evidence with the intention thereby to cause, or with the knowledge that it is likely that he will thereby cause, any person to be convicted of such offence which is a capital offence as per the law in force at the time, shall be punished with imprisonment for life, or with rigorous imprisonment for a term extending up to ten years, and shall also be liable to fine; and if that false evidence leads to the conviction and execution of an innocent person, the giver of such false evidence shall be punished either with death, or with imprisonment for life, or with rigorous imprisonment for a term extending up to ten years, and shall also be liable to fine. The offences under sections 121, 132, 194, 304, 305, 307, 364-A and 396 are capital offences under the Indian Penal Code.
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ADVERTISEMENTS:
In Darshan Singh v. State, the sessions judge convicted the accused persons of the murder of a person. During the pendency of the appeal the allegedly murdered man appeared before the High Court. The accused persons were thus acquitted. It was held that the police inspector who had investigated the case, the two sarpanchas, and the other prosecution witnesses were liable to be prosecuted under section 194 of the Code, read with section 340, Code of Criminal Procedure, 1973.
The offence under this section is non-cognizable, non-bailable and non- compoundable, and is triable by court of session.