IPC 195 vs BNS 195 – False Evidence in Cases Punishable with Life Imprisonment
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 195
Giving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment for life or imprisonment
About IPC Section
Section 195 of the Indian Penal Code, 1860, addresses the act of giving or fabricating false evidence with the intent of securing the conviction of a person for an offence that is not punishable with death, but is punishable with imprisonment for life or with imprisonment for a term of seven years or more.
Key provisions:
-
If a person knowingly gives or fabricates false evidence in such a case, the punishment is rigorous imprisonment up to 7 years and fine.
-
If due to such false evidence, an innocent person is convicted and sentenced to imprisonment for life or imprisonment for seven years or more, the offender shall be punished with the same punishment as the innocent person suffers.
-
Example: A false witness deliberately testifying in a rape case or a dacoity case, where conviction leads to long-term imprisonment, not death.
This section ensures that perjury in serious criminal cases is dealt with strictly, as it can ruin lives and obstruct justice.
Section: BNS 195
Giving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment for life or imprisonment
About BNS Section
Section 195 of the Bharatiya Nyaya Sanhita, 2023, retains the same essence as IPC 195. It punishes false evidence given or fabricated with intent to cause conviction in cases where the punishment is imprisonment for life or seven years or more.
Key provisions:
-
False evidence given to implicate a person in a case punishable with life imprisonment or long-term imprisonment is itself punishable with rigorous imprisonment up to 7 years and fine.
-
If, based on such false evidence, an innocent person is wrongly convicted and sentenced to life imprisonment or long-term imprisonment, the offender will face the same punishment.
-
Example: Producing forged evidence in a major fraud or gang-rape case, leading to wrongful conviction.
This section maintains a balance of justice by ensuring that those who deliberately manipulate evidence in serious offences receive a punishment proportionate to the harm caused.