Legal Provisions of Section 192 of Indian Penal Code, 1860.
Fabricating false evidence:
This section defines the offence of fabricating false evidence. It states that whoever causes any circumstance to exist or makes any false entry in any book or record, or makes any document containing a false statement, with the intention that such circumstance, false entry or false statement may appear either in a judicial proceeding, or in a proceeding before a public servant as such taken by law, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who is to form an opinion upon the evidence in such proceeding, to entertain an erroneous opinion with respect to any point which is material to the result of such proceeding, is said to fabricate false evidence.
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ADVERTISEMENTS:
According to the section, there are only three ways by which a false evidence can be fabricated—(1) by causing any circumstance to exist, as illustrated by illustration (a) under the section, (2) by making any false entry in any book or record, as illustrated by illustration (b), and (3) by making any document containing a false statement, as illustrated by illustration (c). The intention of the fabricator must be that such a thing may appear before such a proceeding as stated in the section, and may cause a person to entertain an erroneous opinion in the course of such proceeding touching any material point.
Forgery and fabricating false evidence
The Supreme Court has observed in Babulal v. State, that even though the offences of forgery and fabricating false evidence sometimes may have some common elements, the offences are distinct. Making false documents, or false entries in a book or record, may amount to forgery if other elements of that offence are present.
ADVERTISEMENTS:
But when these false documents, or entries, are intended to be used in a judicial proceeding, or in a proceeding before a public servant or an arbitrator, leading to entertaining an erroneous opinion touching any point material to the result of the proceeding, the offence of fabricating false evidence is committed.