| Q.1- | What do mean by giving of false evidence? |
| Ans.- | 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. |
| Q.2- | A, in support of a just claim which B has against Z for one thousand rupees, falsely swears on a trial that he heard Z admit the justice of B’s claim. Whether A has given false evidence? |
| Ans.- | Yes. A has given false evidence. |
| Q.3- | What do mean by fabricating of false evidence? |
| Ans.- | Whoever causes any circumstance to exist or makes any false entry in any book or record or electronic record, or makes any document or electronic record containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, which 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” |
| Q.4- | Give one illustration of fabricating false evidence? |
| Ans.- | ‘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. |
| Q.5- | Is there any difference between giving false evidence and fabricating false evidence on the basis of intention? |
| Ans.- | Yes. In the case of giving false evidence, only general intention is sufficient, whereas in fabrication, particular intention is essential viz., to cause a person in a proceeding to entertain an essential opinion by causing any circumstance to exist or making any false entry in a book or making any false statement. |
| Q.6- | What is punishment if person has given false evidence in judicial proceeding? |
| Ans.- | The offender will be punished with imprisonment up to seven years and fine. |
| Q.7- | Whether contradictory statements are an offence? |
| Ans.- | No. Mere contradictory statements are not an offence. |
| Q.8- | Whether using or signing of certificate is an offence? |
| Ans.- | No. Every certificate or declaration is not an offence. Only those certificates and declarations are offence which is accepted an as evidence. |
| Q.9- | What elements to be proved to bring a person under section 196? |
| Ans.- | The offence under section 196 required – (i) dishonestly uses or attempts to use false evidence as true or genuine evidence; and (ii) he knows that it is false or fabricated evidence. |
| Q.10 | What is difference between sections 199 and 200. |
| Ans.- | Section 199 just cover the act of making false declaration which can be used as an offence whereas section 200 made a specific offence, using of such false declaration as an evidence. |
| Q.11 | What do you mean by disappearance of evidence? |
| Ans.- | Whoever, after commission of offence, intentionally removes or distracts the evidence is called disappearance of evidence. |
| Q.12 | Give an illustration of disappearance of evidence? |
| Ans.- | A, knowing that B has murdered Z, assists B to hide the body with the intention of screening B from punishment. A has committed offence disappearance of offence. |
| Q.13 | What action should be taken before taking cognizance of an offence under section 195 of Cr.P.C? |
| Ans.- | No court can take cognizance of any offence, except on the complaint in writing of the Court or of some Court to which that court is subordinate. |