Section 195 of Indian Penal Code, 1860 – Explained!

It states that whoever either gives or fabricates false evidence with the intention thereby to cause, or with the knowledge that it is likely that he will thereby cause, any person to be convicted of such an offence which is not a capital offence under the Indian law for the time being in force, but is punishable with imprisonment for life, or imprisonment for term of seven years or more, shall be punished with the same punishment as the person convicted of that offence would be liable to be punished.

It has been held that a disciplinary proceedings tribunal is not a court within the intention of this section even though some of its functions may be similar to those of a court.

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The Supreme Court has held in Santokh Singh v. Izhar Hussain, that giving false evidence in support of a prosecution case is an offence punishable under sections 193 and 195 of the Code and not under section 211 of the Code.

The offence under this section is non-cognizable, non-bailabie and non- compoundable, and is triable by a court of session.

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