Distinguish between ‘giving false evidence’ and ‘fabricating false evidence'.

Question: Distinguish between ‘giving false evidence’ and ‘fabricating false evidence’. [M.P.C.J. 2015, U.P.C.J. 1997]

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Answer

The distinction between giving false evidence and fabricating false evidence as dealt with under respective Section 191 and 192 of IPC are as follows:

1. In both, it is the intentional giving of false evidence or intentional fabrication that is made punishable (section 193, IPC). Mens rea is the essence of both offenses. But in the case of giving false evidence, the only general intention is sufficient, whereas, in fabrication, the particular intention is essential.
2. Section 192 differs from section 191 in that the fabrication must be on a point material to the proceeding, whereas in giving false statements, it need not be made on a material point. The offense is complete when a false statement is made, though it may not have been in relation to a material point. In such cases, the law demands that whatever a person states shall be true. In case of fabrication, which is usually done in secret, behind the court, the law will not interfere unless the doing causes injury to another being on a matter material. In fact, but for the safeguards provided for in section 192, IPC, a person charged under that section may incur the penalty, though his actions may have caused no injury to any person.
3. The effect of false evidence under section 192 must be such as to lead the court or officer concerned to form an erroneous opinion touching any material object, but the effect on the officer is immaterial to fix liability under s 191, IPC.
4. Under s 191, false evidence is given by a person who is bound by an oath, whereas no such condition is found in section 192.
5. Under section 191, there must be a proceeding, judicial or non-judicial, pending or in existence at the time when the offense is committed. Under s 192, it is enough that there is a reasonable prospect of such a proceeding, having regard to the circumstances of the case and that the evidence fabricated is intended to be used in such a proceeding.

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