What is IPC Section 195?
IPC Section 195 sits in Chapter XI of the Indian Penal Code, "Of False Evidence and Offences Against Public Justice." It builds on Section 191 (giving false evidence), Section 192 (fabricating false evidence), and Section 193 (general punishment for false evidence), and Section 194 (aggravated false evidence intended to procure a capital conviction). Section 195 addresses the next tier of seriousness: false evidence given or fabricated with the intent, or likely knowledge, of causing a conviction for an offence that is not capital, but is punishable with imprisonment for life or a term of seven years or upwards.
The punishment prescribed is not a fixed term — it is exactly the punishment the falsely accused person would have received had they actually been convicted of that offence. This structure reflects the seriousness with which the law treats attempts to manipulate the justice system to convict someone of a grave crime.
Important Update: IPC to BNS Transition
With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Section 195 IPC now corresponds to Section 231 of the BNS, which retains the identical structure and wording. FIRs and cases registered before 1 July 2024 continue to be governed by the IPC; incidents after that date fall under the BNS.
Legal Provision — Text of Section 195 IPC
This provision must be read together with Section 191 and 192 (definitions of giving/fabricating false evidence), Section 193 (general punishment for false evidence, applicable where no aggravated provision applies), Section 194 (an even more serious version, applicable where the intended conviction is for a capital offence), and Section 195A (threatening a person to give false evidence).
Punishment Under Section 195
| Punishment | The same punishment that would apply to a person actually convicted of the offence the false evidence was intended to procure a conviction for |
|---|---|
| Nature of Offence | Follows the classification of the underlying offence — cognizable if that offence is cognizable, non-cognizable if it is not |
| Bailable / Non-Bailable | Also follows the underlying offence's classification |
| Compoundable | Non-compoundable |
| Triable By | The court by which the underlying offence is triable — typically the Court of Session, given the seriousness of offences carrying life imprisonment or 7+ years |
Because punishment, cognizability, and bail all "float" with whatever underlying offence the false evidence targeted, a person accused of giving false evidence intending to procure a conviction for, say, dacoity, faces the same severe consequences as dacoity itself — reflecting the gravity of trying to send an innocent person to prison for a serious crime.
Key Ingredients / Essential Elements
Giving or fabricating false evidence
The accused must have given false evidence (a false statement, typically under oath) or fabricated false evidence (creating false circumstances or documents intending them to appear as evidence), as defined under Sections 191 and 192.
Intent or knowledge of likely consequence
The accused must have intended to cause, or known it likely that the false evidence would cause, a conviction of the targeted person.
The targeted offence is non-capital but serious
The offence the false evidence was aimed at procuring a conviction for must not be capital, but must be punishable with imprisonment for life, or a term of 7 years or upwards.
The fabrication or falsity need not occur only in court
Courts have clarified that fabrication of false evidence is not confined to acts occurring inside a courtroom — evidence fabricated outside and later used in judicial proceedings is equally covered.
What Should You Do — For Victims and For the Accused
If You Have Been Falsely Implicated
- Preserve all documents, communications, and material showing inconsistencies or fabrication in the evidence against you.
- Cross-examine prosecution witnesses thoroughly through your defence counsel to expose contradictions.
- Once acquitted or where fabrication is established, consider filing a complaint under Section 195 against the person who gave or fabricated the false evidence.
- Note that private complaints regarding offences related to false evidence given in judicial proceedings are generally governed by special procedural provisions requiring the court's own complaint (Section 340 CrPC / equivalent under BNSS) rather than a direct private complaint in many circumstances.
- Engage a criminal lawyer to help navigate this specific procedural requirement.
If You Are Accused Under Section 195
- Consult a criminal lawyer immediately, given that the punishment can mirror a very serious underlying offence.
- Gather evidence showing your statement or evidence was truthful, or that any inaccuracy was honest and unintentional rather than deliberate fabrication.
- Since bail and cognizability depend on the underlying offence, understand which specific offence the prosecution alleges your false evidence was intended to procure a conviction for.
- Apply for bail through the appropriate forum depending on the seriousness of that underlying offence.
FIR & Trial Process Under Section 195
Initiation of Proceedings
Offences relating to false evidence given in the course of judicial proceedings are typically prosecuted only on a complaint made by the concerned court itself, under specific procedural provisions, rather than a direct private complaint or ordinary FIR.
Preliminary Inquiry
The court considers whether there is sufficient ground to believe false evidence was given or fabricated in relation to the proceeding, before deciding whether to file a complaint.
Trial
Once a complaint is filed and cognizance taken, the case proceeds like any other criminal trial for the offence in question, with the classification (cognizable/bailable) and trial court determined by the underlying offence the false evidence targeted.
Sentencing
On conviction, the sentence mirrors exactly what would have applied to the underlying offence — for example, if the false evidence was aimed at a dacoity conviction, the sentence matches dacoity's punishment.
Important Points on Section 195
Section 195 is frequently discussed in the context of the broader Chapter XI scheme on false evidence. Courts have clarified several important points relevant to how it is applied:
Fabrication Is Not Limited to In-Court Conduct
Courts have observed that the fabrication of false evidence punishable under this chapter is not necessarily confined to acts occurring physically inside a courtroom — evidence fabricated outside a judicial proceeding but later introduced or relied upon in court is equally covered.
The Punishment "Floats" With the Underlying Offence
Because Section 195's punishment is defined by reference to the offence the false evidence targeted, the seriousness of the consequence for the false witness or fabricator scales directly with the seriousness of the crime they tried to pin on the accused.