Indian Penal Code, 1860

IPC Chapter 11

FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

Section 191 — Giving false evidence

India Code (official)

Offence

Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.

Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.

Section 192 — Fabricating false evidence

India Code (official)

Offence

Whoever causes any circumstance to exist or makes any false entry in any book or record, or makes any false entry in any book or record, or electronic record or makes any document or electronic recording containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding is said “to fabricate false evidence”.

Whoever causes any circumstance to exist or makes any false entry in any book or record, or makes any false entry in any book or record, or electronic record or makes any document or electronic recording containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding is said “to fabricate false evidence”.

Section 193 — Punishment for false evidence

India Code (official)

Punishment

Whoever intentionally gives false evidence in any of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

  • Imprisonment: seven years.

Section 194 — Giving or fabricating false evidence with intent to procure conviction of capital offence

India Code (official)

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 laws for the time being in force in India

Punishment

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;

  • Imprisonment for life may be imposed.
  • Imprisonment: life.

Section 195 — Giving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment for life or with imprisonment for 7 Years or upwards

India Code (official)

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 by the law for the time being in force in India is not capital, but punishable with imprisonment for life, or imprisonment for a term of seven years or upwards,

Punishment

shall be punished as a person convicted of that offence would be liable to be punished.

  • See punishment clause in section text.

Section 195A — Threatening any person to give false evidence

India Code (official)

Offence

Whoever threatens another with any injury to his person, reputation or property or to the person or reputation of any one in whom that person is interested, with intent to cause that person to give false evidence

Punishment

shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both; and if innocent person is convicted and sentenced in consequence of such false evidence, with death or imprisonment for more than seven years, the person who threatens shall be punished with the same punishment and sentenced in the same manner and to the same extent as such innocent person is punished and sentenced.

  • Punishment may include death.
  • Imprisonment: seven years.

Section 197 — Issuing or signing false certificate

India Code (official)

Offence

Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point,

Punishment

shall be punished in the same manner as if he gave false evidence.

  • See punishment clause in section text.

Section 199 — False statement made in declaration which is by law receivable as evidence

India Code (official)

Offence

Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorized by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used,

Punishment

shall be punished in the same manner as if he gave false evidence.

  • See punishment clause in section text.

Section 201 — Causing disappearance of evidence of offence, or giving false information to screen offender

India Code (official)

Offence

Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false;

Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false;

Section 204 — Destruction of document to prevent its production as evidence

India Code (official)

Offence

Whoever secrets or destroys any document or electronic record which he may be lawfully compelled to produce as evidence in a Court of Justice, or in any proceeding lawfully held before a public servant, as such, or obliterates or renders illegible the whole or any part of such document or electronic record with the intention of preventing the same from being produced or used as evidence before such Court or public servant as aforesaid, or after he shall have been lawfully summoned or required to produce the same for that purpose,

Punishment

shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

  • Imprisonment: two years.

Section 205 — False personation for purpose of act or proceeding in suit or prosecution

India Code (official)

Offence

Whoever falsely personates another, and in such assumed character makes any admission or statement, or confesses judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit or criminal prosecution,

Punishment

shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

  • Imprisonment: three years.

Section 206 — Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution

India Code (official)

Offence

Whoever fraudulently removes, conceals, transfers or delivers to any person any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced, by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit,

Punishment

shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

  • Imprisonment: two years.

Section 207 — Fraudulent claim to property to prevent its seizure as forfeited or in execution

India Code (official)

Offence

Whoever fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right or rightful claim to such property or interest, or practices any deception touching any right to any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit,

Punishment

shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

  • Imprisonment: two years.

Section 208 — Fraudulently suffering decree for sum not due

India Code (official)

Offence

Whoever fraudulently causes or suffers a decree or order to be passed against him at the suit of any person for a sum not due or for a larger sum than is due to such person or for any property or interest in property to which such person is not entitled, or fraudulently causes or suffers a decree or order to be executed against him after it has been falsified, or for anything in respect of which it has been satisfied,

Punishment

shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

  • Imprisonment: two years.

Section 209 — Dishonesty making false claim in Court

India Code (official)

Offence

Whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a Court of Justice any claim which he knows to be false,

Punishment

shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.

  • Imprisonment: two years.

Section 210 — Fraudulently obtaining decree for sum not due

India Code (official)

Offence

Whoever fraudulently obtains a decree or order against any person for a sum not due, or for a larger sum than is due or for any property or interest in property to which he is not entitled, or fraudulently causes a decree or order to be executed against any person after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently suffers or permits any such act to be done in his name,

Punishment

shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

  • Imprisonment: two years.

Section 211 — False charge of offence made with intent to injure

India Code (official)

Offence

Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person,

Punishment

shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;

  • Imprisonment: two years.

Section 212 — Harbouring offender

India Code (official)

Offence

Whenever an offence has been committed, whoever harbours or conceals a person whom he knows or has reason to believe to be the offender, with the intention of screening him from legal punishment;

Whenever an offence has been committed, whoever harbours or conceals a person whom he knows or has reason to believe to be the offender, with the intention of screening him from legal punishment;

Section 213 — Taking gift, etc., to screen an offender from punishment

India Code (official)

Offence

Whoever accepts or attempts to obtain, or agrees to accept, any gratification for himself or any other person, or any restitution of property to himself or any other person, in consideration of his concealing an offence or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment;

Whoever accepts or attempts to obtain, or agrees to accept, any gratification for himself or any other person, or any restitution of property to himself or any other person, in consideration of his concealing an offence or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment;

Section 214 — Offering gift or restoration of property in consideration of screening offender

India Code (official)

Offence

Whoever gives or causes, or offers or agrees to give or cause, any gratification to any person, or restores or causes the restoration of any property to any person, in consideration of that person’s concealing an offence, or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment;

Whoever gives or causes, or offers or agrees to give or cause, any gratification to any person, or restores or causes the restoration of any property to any person, in consideration of that person’s concealing an offence, or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment;

Section 215 — Taking gift to help to recover stolen property, etc

India Code (official)

Offence

Whoever takes or agrees or consents to take any gratification under pretence or on account of helping any person to recover any movable property of which he shall have been deprived by any offence punishable under this Code, shall, unless he uses all means in his power to cause the offender to be apprehended and convicted of the offence, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Whoever takes or agrees or consents to take any gratification under pretence or on account of helping any person to recover any movable property of which he shall have been deprived by any offence punishable under this Code, shall, unless he uses all means in his power to cause the offender to be apprehended and convicted of the offence, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

  • Imprisonment: two years.

Section 216 — Harbouring offender who has escaped from custody or whose apprehension has been ordered

India Code (official)

Offence

Whenever any person convicted of or charged with an offence, being in lawful custody for that offence, escapes from such custody, or whenever a public servant, in the exercise of the lawful powers of such public servant, orders a certain person to be apprehended for an offence, whoever, knowing of such escape or order for apprehension, harbours or conceals that person with the intention of preventing him from being apprehended,

Punishment

shall be punished in the manner following, that is to say:

  • See punishment clause in section text.

Section 216A — Penalty for harbouring robbers or dacoits

India Code (official)

Offence

Whoever, knowing or having reason to believe that any persons are about to commit or have recently committed robbery or dacoity, harbours them or any of them, with the intention of facilitating the commission of such robbery or dacoity or of screening them or any of them from punishment,

Punishment

shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

  • Imprisonment: seven years.

Section 217 — Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture

India Code (official)

Offence

Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or subject him to a less punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law,

Punishment

shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

  • Imprisonment: two years.

Section 218 — Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture

India Code (official)

Offence

Whoever, being a public servant, and being as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law,

Punishment

shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

  • Imprisonment: three years.

Section 220 — Commitment for trial or confinement by person having authority who knows that he is acting contrary to law

India Code (official)

Offence

Whoever, being in any office which gives him legal authority to commit persons for trial or to confinement, or to keep persons in confinement, corruptly or maliciously commits any person for trial or to confinement, or keeps any person in confinement, in the exercise of that authority, knowing that in so doing he is acting contrary to law,

Punishment

shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

  • Imprisonment: seven years.

Section 221 — Intentional omission to apprehend on the part of public servant bound to apprehend

India Code (official)

Offence

Whoever, being a pubic servant, legally bound as such public servant to apprehend or to keep in confinement any person charged with or liable to be apprehended for an offence, intentionally omits to apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in escaping or attempting to escape from such confinement,

Punishment

shall be punished as follows, that is to say:

  • See punishment clause in section text.

Section 222 — Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed

India Code (official)

Offence

Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person under sentence of a Court of Justice for any offence or lawfully committed to custody, intentionally omits to apprehend such person, or intentionally suffers such person to escape or intentionally aids such person in escaping or attempting to escape from such confinement,

Punishment

shall be punished as follows, that is to say:

  • See punishment clause in section text.

Section 223 — Escape from confinement or custody negligently suffered by public servant

India Code (official)

Offence

Whoever, being a public servant legally bound as such public servant to keep in confinement any person charged with or convicted of any offence or lawfully committed to custody, negligently suffers such person to escape from confinement,

Punishment

shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

  • Imprisonment: two years.

Section 224 — Resistance or obstruction by a person to his lawful apprehension

India Code (official)

Offence

Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted, or escapes or attempts to escape from any custody in which he is lawfully detained for any such offence,

Punishment

shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

  • Imprisonment: two years.

Section 225 — Resistance or obstruction to lawful apprehension of another person

India Code (official)

Offence

Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of any other person for an offence, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained for an offence,

Punishment

shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;

  • Imprisonment: two years.

Section 225A — Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for

India Code (official)

Offence

Whoever, being a public servant legally bound as such public servant to apprehend, or to keep in confinement, any person in any case not provided for in section 221, section 222 or section 223, or in any other law for the time being in force, omits to apprehend that person or suffers him to escape from confinement,

Punishment

shall be punished:

  • See punishment clause in section text.

Section 225B — Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for

India Code (official)

Offence

Whoever, in any case not provided for in section 224 or section 225 or in any other law for the time being in force, intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or of any other person, or escapes or attempts to escape from any custody in which he is lawfully detained, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained,

Punishment

shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

  • Imprisonment: six months.

Section 227 — Violation of condition of remission of punishment

India Code (official)

Offence

Whoever, having accepted any conditional remission of punishment, knowingly violates any condition on which such remission was granted,

Punishment

shall be punished with the punishment to which he was originally sentenced, if he has already suffered no part of that punishment, and if he has suffered any part of that punishment, then with so much of that punishment as he has not already suffered.

  • See punishment clause in section text.

Section 228 — Intentional insult or interruption to public servant sitting in judicial proceeding

India Code (official)

Offence

Whoever intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding,

Punishment

shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

  • Imprisonment: six months.
  • Fine: one thousand rupees.

Section 228A — Disclosure of identity of the victim of certain offences, etc

India Code (official)

Offence

Provided that no such authorisation shall be given by the next-of-kin to anybody other than the chairman or the secretary, by whatever name called, of any recognised welfare institution or organisation.

Provided that no such authorisation shall be given by the next-of-kin to anybody other than the chairman or the secretary, by whatever name called, of any recognised welfare institution or organisation.

Section 229 — Personation of a juror or assessor

India Code (official)

Offence

Whoever, by personation or otherwise, shall intentionally cause, or knowingly suffer himself to be returned, empanelled or sworn as a juryman or assessor in any case in which he knows that he is not entitled by law to be so returned, empanelled or sworn, or knowing himself to have been so returned, empanelled or sworn contrary to law, shall voluntarily serve on such jury or as such assessor,

Punishment

shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

  • Imprisonment: two years.

Section 229A — Failure by person released on bail or bond to appear in Court

India Code (official)

Offence

Whoever, having been charged with an offence and released on bail or on bond without sureties, fails without sufficient cause (the burden of proving which shall lie upon him), to appear in Court in accordance with the terms of the bail or bond,

Punishment

shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

  • Imprisonment: one year.