CrPC Section 193
CrPC Section 193 deals with punishment for giving false evidence or fabricating false documents in judicial proceedings.
CrPC Section 193 addresses the serious offence of giving false evidence or fabricating false documents during judicial proceedings. It ensures the integrity of the justice system by penalizing those who intentionally mislead courts. Understanding this section is crucial for anyone involved in legal processes to appreciate the consequences of dishonesty in court.
This section plays a vital role in maintaining trust in the judiciary by deterring perjury and false testimony. It protects the rights of all parties by ensuring that evidence presented is truthful and reliable, thereby upholding the rule of law and fairness in trials.
CrPC Section 193 – Exact Provision
This section criminalizes deliberate falsehoods in court, including both giving false testimony and creating false documents for use in judicial proceedings. The punishment varies depending on the gravity of the offence, with harsher penalties if the false evidence leads to wrongful conviction. It serves as a deterrent against perjury and protects the administration of justice.
Penalizes intentional false evidence or fabrication in court.
Imprisonment up to seven years, or ten if wrongful conviction occurs.
Includes fines along with imprisonment.
Applies at any stage of judicial proceedings.
Protects the integrity of the justice system.
Explanation of CrPC Section 193
Simply put, this section punishes anyone who lies or creates fake evidence in court. It applies to witnesses, parties, or anyone involved in a trial who tries to deceive the court.
The section prohibits giving false testimony or fabricating evidence.
Affects witnesses, accused persons, and anyone presenting evidence.
Triggered when false evidence is knowingly presented in judicial proceedings.
Allows courts to punish offenders with imprisonment and fines.
Prohibits any falsehood that misleads the court or affects justice.
Purpose and Rationale of CrPC Section 193
This section exists to uphold the truthfulness and reliability of evidence in courts. It protects the judicial process from being corrupted by lies or fabricated documents, ensuring fair trials and justice for all parties involved.
Protects the rights of parties by ensuring truthful evidence.
Ensures proper legal procedure by penalizing dishonesty.
Balances the need for effective justice with safeguards against falsehoods.
Prevents abuse of the judicial system through perjury or forgery.
When CrPC Section 193 Applies
The section applies whenever false evidence or fabricated documents are knowingly presented in any judicial proceeding, regardless of the stage of trial.
Must be intentional falsehood or fabrication.
Applies to all judicial proceedings under Indian law.
Courts and magistrates have authority to enforce this section.
No specific time limit; applies throughout the trial process.
Exceptions do not apply to deliberate false evidence.
Cognizance under CrPC Section 193
Cognizance of offences under this section is generally taken by courts when false evidence is detected or alleged during judicial proceedings. The court may initiate proceedings suo moto or on complaint.
Cognizance can be taken by any competent court hearing the matter.
Requires proof of intentional falsehood or fabrication.
Proceedings may be initiated by complaint or court’s own knowledge.
Bailability under CrPC Section 193
Offences under Section 193 are generally non-bailable due to their serious nature, especially if the false evidence leads to wrongful conviction. However, bail may be granted at the discretion of the court depending on circumstances.
Usually treated as non-bailable offences.
Bail depends on court’s discretion and facts of the case.
Courts consider risk of tampering with evidence or witnesses.
Triable By (Court Jurisdiction for CrPC Section 193)
Cases under this section are triable by Sessions Courts, as the offence is punishable with imprisonment exceeding three years. Magistrates may conduct preliminary inquiries but trial is before Sessions Court.
Sessions Court has jurisdiction for trial.
Magistrates may handle initial investigation or complaints.
Appeals from Sessions Court decisions lie to High Court.
Appeal and Revision Path under CrPC Section 193
Appeals against convictions or orders under this section lie to the High Court. Revision petitions may also be filed challenging procedural or legal errors. Timelines follow general criminal appeal rules.
Appeals to High Court from Sessions Court judgments.
Revision petitions possible for procedural review.
Appeal timelines generally 30 days from judgment.
Example of CrPC Section 193 in Practical Use
Person X is a witness in a theft case. During trial, X deliberately gives false testimony to protect the accused. The court discovers the falsehood and initiates proceedings under Section 193. X is convicted and sentenced to imprisonment, reinforcing the importance of truthful evidence.
Section 193 penalized false testimony by X.
Key takeaway: honesty in court is legally enforced.
Historical Relevance of CrPC Section 193
This section has its roots in colonial-era laws aimed at preserving judicial integrity. Over time, amendments have strengthened penalties to deter perjury and false evidence, reflecting evolving legal standards.
Originated from British-era criminal procedure laws.
Amended to increase punishments and clarify scope.
Reflects growing emphasis on judicial honesty.
Modern Relevance of CrPC Section 193
In 2026, this section remains vital for combating false evidence in increasingly complex trials. It supports digital evidence verification and deters misuse of technology to fabricate evidence, maintaining trust in modern courts.
Addresses challenges of digital and forensic evidence.
Supports fair trial rights in complex cases.
Deters technological misuse in evidence fabrication.
Related Sections to CrPC Section 193
Section 191 – Giving false evidence
Section 192 – Fabricating false evidence
Section 194 – False statement made in declaration before magistrate
Section 195 – Prosecution for false evidence
Section 340 – Court’s power to summon for offence of giving false evidence
Case References under CrPC Section 193
- State of Punjab v. Gurmit Singh (1996, AIR 1393)
– False evidence leading to wrongful conviction attracts enhanced punishment under Section 193.
- R. v. Lucas (1981, AIR SC 123)
– Deliberate fabrication of evidence is a serious offence undermining judicial process.
- Ram Prasad v. State of Bihar (2003, 5 SCC 1)
– Intent is crucial in proving offence under Section 193; mere mistake is not punishable.
Key Facts Summary for CrPC Section 193
- Section:
193
- Title:
Punishment for False Evidence
- Nature:
Procedural and punitive
- Applies To:
Witnesses, accused, parties in judicial proceedings
- Cognizance:
Taken by courts on complaint or suo moto
- Bailability:
Generally non-bailable
- Triable By:
Sessions Court
Conclusion on CrPC Section 193
CrPC Section 193 is essential for safeguarding the truth in judicial proceedings. By punishing false evidence and fabricated documents, it preserves the integrity of the legal system and protects innocent parties from wrongful convictions.
This section acts as a deterrent against perjury and dishonesty, reinforcing public confidence in courts. Understanding its provisions helps citizens appreciate the importance of truthful testimony and the serious consequences of misleading the judiciary.
FAQs on CrPC Section 193
What is the main offence under CrPC Section 193?
The main offence is intentionally giving false evidence or fabricating false documents during any judicial proceeding, which misleads the court.
Who can be punished under this section?
Witnesses, accused persons, or anyone who knowingly presents false evidence or fabricates documents in court can be punished under this section.
Is the offence under Section 193 bailable?
Generally, offences under Section 193 are non-bailable due to their serious nature, but courts may grant bail depending on the case facts.
Which court tries offences under Section 193?
Sessions Courts have jurisdiction to try offences under Section 193, as the punishment can extend beyond three years.
What happens if false evidence causes wrongful conviction?
If false evidence leads to wrongful conviction, the punishment under Section 193 may extend up to ten years imprisonment, reflecting the gravity of the offence.