CHAPTER X- CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS

Furnishing false information
177. Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $5,000, or with both; or, if the information which he is legally bound to furnish respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment for a term which may extend to 3 years, or with fine, or with both.

Illustrations
(a) A, a landholder, knowing of the commission of a murder, within the limits of his estate, wilfully misinforms the police of the district that the death has occurred by accident in consequence of the bite of a snake. A is guilty of the offence defined in this section.
(b) [Deleted by Act 51 of 2007]

Explanation .—In section 176 and in this section “offence” includes any act committed at any place out of Singapore, which if committed in Singapore would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460, and “offender” includes any person who is alleged to have been guilty of any such act.
[Indian PC 1860, s. 177]

CHAPTER X- CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS

False statement on oath to public servant or person authorised to administer an oath
181. Whoever, being legally bound by an oath to state the truth on any subject to any public servant or other person authorised by law to administer such oaths, makes to such public servant or other person as aforesaid, touching that subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine.
[Indian PC 1860, s. 181]

CHAPTER XI- FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

Giving false evidence
191. Whoever, being legally bound by an oath, or by any 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.

Explanation 1.—A statement is within the meaning of this section whether it is made verbally or otherwise.

Explanation 2.—A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.

Illustrations
(a) A, in support of a just claim which B has against Z for $1,000, falsely swears on a trial that he heard Z admit the justice of B’s claim. A has given false evidence.

(b) A, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that which he knows to be false, and therefore gives false evidence.

(c) A, knowing the general character of Z’s handwriting, states that he believes a certain signature to be the handwriting of Z, A in good faith believing it to be so. Here A’s statement is merely as to his belief, and is true as to his belief, and therefore, although the signature may not be the handwriting of Z, A has not given false evidence.

(d) A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not knowing anything upon the subject. A gives false evidence as to whether Z was at that place on the day named, or not.

(e) A, an interpreter or a translator, gives or certifies as a true interpretation or translation of a statement or document which he is bound by oath to interpret or translate truly, that which is not and which he does not believe to be a true interpretation or translation. A has given false evidence.
[Indian PC 1860, s. 191]


Fabricating false evidence
192. 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, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry, or false statement, so appearing in evidence, 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”.

[51/2007]

Illustrations
(a) 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.

(b) A makes a false entry in his shop-book for the purpose of using it as corroborative evidence in a court of justice. A has fabricated false evidence.

(c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in imitation of Z’s handwriting, purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter in a place which he knows that the officers of the police are likely to search. A has fabricated false evidence.
[Indian PC 1860, s. 192]


Punishment for false evidence
193. Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine; and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine.

Explanation 1.—A trial before a court martial is a judicial proceeding.

Explanation 2.—An investigation directed by law preliminary to a proceeding before a court of justice, is a stage of a judicial proceeding, though that investigation may not take place before a court of justice.

Illustration
A, in an inquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this inquiry is a stage of a judicial proceeding, A has given false evidence.

Explanation 3.—An investigation directed by a court of justice according to law, and conducted under the authority of a court of justice, is a stage of a judicial proceeding, though that investigation may not take place before a court of justice.

Illustration
A, in an inquiry before an officer deputed by a court of justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this inquiry is a stage of a judicial proceeding, A has given false evidence.
[Indian PC 1860, s. 193]


Giving or fabricating false evidence with intent to procure conviction of a capital offence
194. Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital by this Code, or under any other law for the time being in force, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 20 years, and shall also be liable to fine; and if an innocent person is convicted and executed in consequence of such false evidence, the person who gives such false evidence shall be punished either with death or the punishment hereinbefore described.
[51/2007]


Giving or fabricating false evidence with intent to procure conviction of an offence punishable with
imprisonment
195. Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which by this Code or under any other law for the time being in force is not capital, but punishable with imprisonment for life, or imprisonment for a term of 7 years or upwards, shall be punished as a person convicted of that offence would be liable to be punished.

Illustration
A gives false evidence before a court of justice, intending thereby to cause Z to be convicted of a gang-robbery. The punishment of gang-robbery is imprisonment for a term of not less than 5 years and not more than 20 years and also caning with not less than 12 strokes. A, therefore, is liable to such imprisonment, with caning.

CHAPTER XI- FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

False statement made in any declaration which is by law receivable as evidence
199. Whoever, in any declaration made or subscribed by him, which declaration any court of justice, or any public servant or other person, is bound or authorised by law to receive as evidence of any fact, 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 to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.
[Indian PC 1860, s. 199]

CHAPTER XI- FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

Giving false information respecting an offence committed
203. Whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
Explanation .—In sections 201 and 202 and in this section “offence” includes any act committed at any place out of Singapore which if committed in Singapore would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460.
[Indian PC 1860, s. 203]