Answer
Ans: (a)
Giving False Evidence:
According to S. 191, 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.
Explanation I
A statement is within the meaning of this section whether it is made verbally otherwise.
Explanation 2
A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.
Ingredients:
1. A person must be legally bound-
(a) By an other, or any express provision or law, to state the truth, or
(b) To make a declaration upon any subject,
2. He must make a false statement;
3. He must know or belie it to be fals;
4. Not believe it to be true.
Illustrations
(a)A, in support of a just claim which B has against Z for one thousand rupees, falsely swear on a trial that he heard V admit the justice of B’s claim. A has given false
(b)A, being bound by an oath to state the truth, states I ha he believes a certain signature to be the handwriting of Z, when he does not believe it to he the handwriting of Z. Here A states that which he knows to be false and therefore, gives false evidence.
(c) A, knowing the general character of Z, s handwriting, states that he believes a certain signature to be the handwriting of Z. A, in good faith believing it to be so. Here A’s statement is merely as to his believe, and is true as to his belief, and therefore, although the signature may not be handwriting of Z, A has not given false evidence.
(d)A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not knowing anything upon the subject. A gives false evidence whether Z was at that place on the day named or not.
(e) A, an interpreter or translator, gives or certifies as a true interpretation or translation of a statement, which lie is hound by oath to interpret or translate truly, that which is not and which he does not believe to be a truly interpretation or translation. A has given false evidence.
In lngIish Law Termed as Perjury:
The offence of giving like evidence is termed perjury in English Law. The English La requires that from Pakistan Law in respect of giving false evidence in the following:’
(a) The English Law requires that the false statement must have reference to some judicial proceedings and the false evidence given before a competent tribunal. It is not so under our Law and the difference only exists in respect of degree of punishment imposed.
(b) Under the English Law perjury must be proved by two witnesses or by one witness with proof or other material and relevant facts confirming his testimony.
(c) Under the English Law the matter sworn must be material to the cause pending in the Court. But according to the Pakistan Penal Code it is not necessary that the statement should he material
(d) An oath or an affirmation rendered equivalent to it by law is an essential element of the offence under the English Law. However, in Pakistan an oath is merely one of the forms to bind a party to speak the truth. Even if the oath is improperly administered and an incompetent person the offence would be committed if the party giving the false statement were bound by an express provision of law to state the truth.
1. Fabricating False Evidence:
According to Section 192 of P.P.C. whoever causes any circumstances to exist or makes any false entry in any book or record, or makes any document 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 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 fabricates false evidence.
Essential Ingredients:
To constitute an offence for fabricating false evidence, the following four ingredients are essential:
(a) Causing any circumstance to exist, or
(b) Making any false entry in a book or record, or
(c) Making a document containing a false statement.
2. That such circumstance, false entry, or false statement in the document must have been intended to appear in evidence in:
(i) A judicial proceeding; or
(ii) A proceeding taken by law before a pubic servant or an arbitrator.
That such circumstance, false entry or fals statement, so appearing in evidence might cause any p son, who, in such proceeding, is to form opinion upon the evidence, to entertain an erroneous opinion.
The formation of opinion should he touching any point material to the result of such proceeding
illustration
A puts jewels into a box belonging to Z. with the intention, that they may be found in that box, and that this circumstance may cause Z to be convicted of theft. A has fabricated false evidence. .4 makes a false entry in his shop book for the purpose of using it as corroborative evidence in a Court of Justice. A has fabricated false evidence.
(iii) A with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in imitation of Z’s handwriting purporting to be addressed to an accomplice in, such criminal conspiracy and puts the letter in a place which he knows that the officers of the police are likely to search. A has fabricated false evidence.
Capital Offence Punishment:
(i) The punishment for giving false evidence or fabricating false evidence to procure conviction for capital offence has been provided in Section 194 of PPC. The punishment is imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years and fine.
(ii) In case an innocent person is convicted and executed, the offender is punishable with death or the aforementioned punishments.
Other Offence:
(I) Whoever intentionally gives false evidence in any stage 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 shah also be liable to fine.
(ii) Whoever intentionally gives or fabricates false evidence in any otter case, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to line.
Distinction between giving and fabricated false evidence:
The following are the distinguishing features between giving false evidence and fabricating false evidence.
Firstly, it is the intentional giving, of false evidence, or the intentional fabrication of false evidence that is punishable law will not punish a witness who through ignorance or mistake or through carelessness or inadvertence makes foolishly a false statement. The intention forms the essence of the two offences. But there is a difference between the two as regard the kinds of intention. In the case of giving false evidence, only general intention is sufficient. It is sufficient if the false evidence is intentionally given. I.e. the person knowing it to be false and with the intention of deceiving the person conducting the proceedings leading him to believe that what the person states is true. In the case of fabrication not the general but the particular intention is the point to be considered. The offence cannot he committed unless the accused fabricators evidence with the particular intention viz. to use the false circumstance entry or document in evidence in a proceeding and to procure the formation of a wrong view in a material point.
Secondly, the offence of giving false evidence is committed by a person who is bound by an oath or by an express provision of law to state the truth or to make a declaration upon any subject. In the case of fabricating false evidence this ingredient is not necessary.
Thirdly, in the case of giving false evidence, the false statement needs not be made on any material point.
The offence is complete if any false statement is made. But in the case of fabricating false evidence, the evidence fabricated must be on a material point, otherwise the offence cannot be committed.
Fourthly, the question of the effect of the evidence on the officer before whom evidence is given is of no consequence in the case of giving false evidence, but this is the important point to be considered in the case of fabrication of false evidence.
Lastly, it is essential that there should be proceeding judicial or non-judicial being conducted at the time of giving false evidence. It is not essential in the case of fabrication. It is enough that there is a probable prospect of such a proceeding wherein the fabricated evidence is to be adduced.
1-larbouring an Offender:
A person is said harbour another person who has committed an offence, or who is seeking to evade arrest when he supplies that other with shelter, food, drink, money, I)II1CS, arms. Ammunition or means of conveyance or assist that other by any means, whether of the same kind as enumerated above ii, to evade arrest.
Mere knowledge of the whereabouts of an offender does not amount to harboring him. According to section 52-A of P.P.C:
“Except in Section 157. and in Section 130 in the case in which the harbour is given by the wife or husband of the person with harboured, the word “harbour” includes the supplying a person with helter, food, drink, money, clothes, arms, ammunition, or means of conveyance, or assisting a person by any means, whether of the same kind as those enumerated in the section or not, to evade apprehension.”
According to the Provision of Pakistan Penal Code:
1. Harbouring or concealing a person knowing him to be an
offender with the intention of screening him from legal
punishment. . (S. 212)
2. Harbouring or concealing an offender who has escaped
from custody or whose apprehension has been ordered.
(S.21)
3. Knowingly harbouring any person who are about to
commit, or have committed, robbery or dacoity
(S. 216-A)
The word ‘harbour’ includes the supplying a person with helter, food, drink, money, clothes, arms, ammunition, or means of conveyance, or the assisting a person in any way to evade apprehension. (S. 216-B)
Offences by Public Servants: .The following provisions deal with offences against public justice committed by public servants:
1. Public servant knowingly disobeying a direction of law with intent to save any person from punishment or any property from forfeiture. (S. 217)
2. Public servant charged as such with the preparation of a recorder other writing, framing it incorrect with intent to cause loss or injury to the public or any person, or to save any person form punishment or property from forfeiture. (S. 218)
3. Public servant in a judicial proceeding corruptly or maliciously making any report, order, verdict, or decision, knowing that it is contrary to law. (S. 219)
4. Public servant corruptly or maliciously committing any person for trial, or keeping any person in confinement knowing that he is acting contrary to law. (S. 220)
5. Public servant intentionally omitting to apprehend or suffering to escape any person when legally bound to apprehend or keep him in confineme1t. (S. 221)
6. Some as above, when such person is under sentence or lawfully committed to custody. (S. 222)
7. Public servant legally bound to keep in confinement a person charged with or convicted of any offence, negligently suffering him to escape. (S. 223)
8. Public servant omitting to apprehend o .4suffering to escape from confinement any person in cases not, otherwise provided or. (S. 225-A)