procure intent to thereby cause any person to be convicted of an offence which conviction by this Code1 or the law of England is not capital, but punishof offence able with transportation for life, or imprisonment for a term punishable of seven years or upwards, shall be punished as a person conportation victed of that offence would be liable to be punished 2. with trans or im prisonment. Using evidence known to be false. Issuing or signing false certificate. Using as true certi ficate Illustration. A gives false evidence before a Court of Justice, intending thereby to cause Z to be convicted of a dacoity. The punishment of dacoity is transportation for life, or rigorous imprisonment for a term which may extend to ten years, with or without fine. A, therefore, is liable to such transportation or imprisonment, with or without fine. 8 196. Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence. 6 197. 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, shall be punished in the same manner as if he gave false evidence. 198. Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false 1 See note 3, p. 167. 2 And see the Whipping Act, sec. 4, supra, p. 106. When A burnt down his own house and then falsely charged Z with an offence under sec. 436, here, as the first offence is committed in furtherance of the second, A should be charged under sec. 211, not sec. 195; 8 Suth. Cr. 65, col. 1. 3 This word seems here used to denote that advocates and vakíls whose duty it is, not to judge of the credibility of evidence, but to submit it for the consideration of judges etc. on behalf of their clients, do not incur the penalties for using false evidence, M. & M. 164. But see supra, p. II. 4 7 Mad. 289, where a conviction under this section was upheld; but, apparently, without adverting to the meaning of corruptly,' 5 All. 217, 220. 5 Where A dishonestly uses in a civil suit a document which he knows to be forged, he should be charged under sec. 471, not under sec. 196. As to the sanction or complaint necessary in case of prosecution for offences under secs. 193-196, and committed in, or in relation to, any proceeding in Court, see Cr. P. C. sec. 195, cl. (b). As to the procedure of the Civil Courts in case of an offence under sec. 196, see Civ. P. C. sec. 643. Puts forth for the purpose of being used, M. & M. 165. 7 As, for instance, of adjustment of decrees (Civ. Pr. C. sec. 258); authorising a judgment debtor to mortgage land ordered to be sold (ibid. sec. 305); that a case is fit for appeal to the Queen in Council (ibid. sec. 600); of administration (Act II of 1874 secs. 36, 37); of marriage (Act XV of 1872). in any material point, shall be punished in the same manner as known to if he gave false evidence. be false in material point. in declara ceivable as evidence. 199. Whoever, in any declaration1 made or subscribed by False him, which declaration any Court of Justice, or any public statement servant or other person, is bound or authorised by law to re- tion receive as evidence of any fact 2, 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 3 to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence *. true Using as any such decla true any 200. Whoever corruptly uses or attempts to use as any such declaration knowing the same to be false in material point, shall be punished in the same manner as if he ration gave false evidence 5. Explanation.-A declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of sections 199 and 200. known to be false. disappear ance of offence 201. Whoever, knowing or having reason to believe that Causing an offence has been committed, causes any evidence of the commission of that offence to disappear with the intention of evidence of screening the offender from legal punishment, or with that or giving intention gives any information respecting the offence which false inforhe knows or believes to be false, shall, if the offence which he touching it knows or believes to have been committed is punishable with 8 mation Omission to give information of offence. Giving false infor specting death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if the offence is punishable with transpor tation for life or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both. Illustration. A, knowing that B has murdered Z, assists B to hide the body' with the intention of screening B from punishment. A is liable to imprisonment of either description for seven years, and also to fine 2. 202. Whoever, knowing or having reason to believe that an offence 3 has been committed, intentionally omits to give any information respecting that offence which is he legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. 203. Whoever, knowing or having reason to believe that mation re- an offence has been committed, gives any information respecting that offence which he knows or believes to be false3, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with offence. both 6. or believes to be false, shall, if the cument to as evi 204. Whoever secretes or destroys any document1 which he Destrucmay be lawfully compelled to produce as evidence in a Court tion of doof Justice, or in any proceeding lawfully held before a public prevent its production servant as such, or obliterates or renders illegible the whole or any part of such document with the intention of preventing dence. 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 purpose, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. the that same such False per con sonation for pur or pose of proceeding 205. Whoever falsely personates another, and in assumed character makes any admission or statement, or fesses judgment, or causes any process to be issued", becomes bail or security, or does any other act in any suit or in suit. criminal prosecution, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both". lent re 206. Whoever fraudulently 10 removes, conceals, transfers 11 Frauduor delivers to any person any property or any interest therein, moval of intending thereby to prevent that property or interest therein property to from being taken as a forfeiture, or in satisfaction of a fine, its seizure. words 'makes any admission .. prevent 98 Suth. Cr. 80, col. 2. The gist of the offence under this section is the feigning to be another known person. It is therefore not enough to prove the assumption of a fictitious name: it must also appear that the assumed name was used as a means of falsely representing some other individual, 4 Mad. H. C. 18, dissenting from Reg. v. Bhitto Kahar, 1 Ind. Jur. 123. Fraudulent gain or benefit to the offender is not an essential element of this offence, and a conviction may be upheld even when the personation is with the consent of the person personated, I Mad. H. C. 450. 10 Sec. 25. Sec. 206 applies though the person removing etc. the property is not its owner. 11 See the Transfer of Property Act, infra, sec. 53. Fraudulent claim its seizure. under a sentence which has been pronounced or which he knows to be likely to be pronounced by a Court of Justice1 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 Justice1 in a civil suit 2, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both 3. 207. Whoever fraudulently accepts, receives, or claims any property or any interest therein, knowing that he has no right to property to prevent or rightful claim to such property or interest, or practises 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, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both3. Fraudu fering decree for sum not due. 208. 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 satisfied, or for anything in respect of which it has been satisfied, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both 3. Illustration. A institutes a suit against Z. Z, knowing that A is likely to obtain a decree against him, fraudulently suffers a judgment to pass against him for a larger amount at the suit of B, who has no just claim against him, in order that B, either on his own account or for the benefit of Z, may share in the proceeds of any sale of Z's property which may be made under A's decree. Z has committed an offence under this section. 1 Sec. 20. 2 This includes a suit for rent brought before a Collector, 2 Ben. Short Notes, iv. (S. C. 10 Suth. Cr. 467). 3 See Civ. P. C. sec. 643. |