No 2 Penal Code - IDP SriLanka

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http://www.lawnet.lk/process.php?st=2001Y1V19C&hword=''&path=5Giving "falseevidence".CHAPTERXIOF FALSE EVIDENCE AND OFFENCES AGAINST PUBLICJUSTICE188. Whoever, being legally bound by an oath or affirmation, or by any express provisionof 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, ordoes not believe to be true, is said to give " false evidence ".Wherever in any enactment the word " perjury " occurs, such enactment shall be read as ifthe words " giving false evidence " were therein used instead of the word " perjury ".Explanation 1A statement is within the meaning of this section whether it ismade verbally or otherwise.Explanation 2A false statement as to the belief of the person attesting is withinthe meaning of this section, and a person may be guilty of givingfalse evidence by stating that he believes a thing which he doesnot believe, as well as by stating that he knows a thing which hedoes not know.Illustrations(a) A, in support of a just claim which B has against Z for onethousand rupees, falsely swears on a trial that he heard Z admitthe Justice of B's claim. A has given false evidence.(b) A, being bound by an oath to state the truth, states that hebelieves a certain signature to be the handwriting of Z, when hedocs not believe it to be the handwriting of Z. Here A states thatwhich he knows to be false, and therefore gives false evidence.(c) A, knowing the general character of Z's handwriting, states thathe believes a certain signature to be the handwriting of Z, A ingood faith believing it to be so. Here A's statement is merely as tohis belief, and is true as to his belief, and therefore, although thesignature may not be the handwriting of Z, A has not given falseevidence.(d) A, being bound by an oath to state the truth, states that heknows that Z was at a particular place on a particular day, notknowing 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 trueinterpretation or translation of a statement or document, which heis bound by oath to interpret or translate truly, that which is notand which he does not believe to be a true interpretation ortranslation. A has given false evidence.http://www.lawnet.lk/process.php?st=2001Y1V19C&hword=''&path=5 (46 of 124)9/30/2008 2:10:41 PM
http://www.lawnet.lk/process.php?st=2001Y1V19C&hword=''&path=5" Fabricatingfalse evidence ".Punishment forgiving orfabricating falseevidence.189. Whoever causes any circumstance to exist, or makes any false entry in any book orrecord, or makes any document containing a false statement, intending that suchcircumstance, false entry, or false statement may appear in evidence in a judicialproceeding, or in a proceeding taken by law before a public servant as such, or before anarbitrator, and that such circumstance, false entry, or false statement, so appearing inevidence, may cause any person, who in such proceeding is to form an opinion upon theevidence, to entertain an erroneous opinion touching any point material to the result of suchproceeding, is said " to fabricate false evidence ".Illustrations(a) A puts jewels into a box belonging to Z, with the intention thatthey may be found in that box, and that this circumstance maycause Z to be convicted of theft. A has fabricated false evidence.(b) A makes a false entry in his shop book for the purpose ofusing it as corroborative evidence in a Court of Justice. A hasfabricated false evidence.(c) A, with the intention of causing 2 to be convicted of a criminalconspiracy, writes a letter in imitation of Z's handwriting,purporting to be addressed to an accomplice in such criminalconspiracy, and puts the letter in a place which he knows that theofficers of the police are likely to search. A has fabricated falseevidence.190. Whoever intentionally gives false evidence in any stage of a judicial proceeding, orfabricates false evidence for the purpose of being used in any stage of a judicialproceeding, shall be punished with imprisonment of either description for a term which mayextend to seven years, and shall also be liable to fine;and whoever intentionally gives or fabricates false evidence in any other case shall bepunished with imprisonment of either description for a term which may extend to threeyears, and shall also be liable to fine.Explanation 1A trial before a court-martial or before a military court of requestsis a judicial proceeding.Explanation 2An investigation directed by law, preliminary to a proceedingbefore a Court of Justice, is a stage of a judicial proceeding,though that investigation may not take place before a Court ofJustice.IllustrationA, in an inquiry before a Magistrate for the purpose of ascertainingwhether Z ought to be committed for trial, makes on oath astatement which he knows to be false. As this inquiry is a stage ofa judicial proceeding, A has given false evidence.Explanation 3An investigation directed by a Court of Justice according to law,and conducted under the authority of a Court of Justice, is a stageof a judicial proceeding, though that investigation may not takeplace before a Court of Justice.http://www.lawnet.lk/process.php?st=2001Y1V19C&hword=''&path=5 (47 of 124)9/30/2008 2:10:41 PM
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No 2 Penal Code - IDP SriLanka

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