Giving or Fabricating False Evidence in Pakistan: Understanding the Legal Implications

Introduction

The concept of giving or fabricating false evidence in legal proceedings is a serious offense in any legal system. In Pakistan, like many other countries, the law takes a strong stance against individuals who attempt to undermine the justice system by providing false information or evidence. This blog aims to shed light on the legal implications of giving or fabricating false evidence in Pakistan and the consequences that one may face when found guilty.

Legal Framework in Pakistan

In Pakistan, the legal framework for dealing with giving or fabricating false evidence is primarily governed by the Pakistan Penal Code, 1860, and the Pakistan Penal Code (Amendment) Act, 2011.

1. Section 191 – Giving False Evidence: This section of the Pakistan Penal Code deals with individuals who intentionally and knowingly make false statements or fabricate evidence in any stage of a judicial proceeding. The offense is punishable with imprisonment for a term which may extend to three years and a fine.

2. Section 193 – Punishment for Perjury: Perjury refers to giving false evidence while under oath. Section 193 provides for a more severe punishment, stating that whoever intentionally gives false evidence while under oath in any stage of a judicial proceeding, or fabricates false evidence, shall be punished with imprisonment for a term which may extend to seven years and a fine.

3. Section 194 – Giving or Fabricating False Evidence with Intent to Procure Conviction of Offense Punishable with Imprisonment for Life or Imprisonment: This section deals specifically with cases where individuals provide false evidence with the intent to secure the conviction of an accused for a crime punishable by life imprisonment or lesser imprisonment. In such cases, the person found guilty can be punished with imprisonment for life or imprisonment of either description for a term which may extend to seven years and a fine.

4. Section 195 – Giving or Fabricating False Evidence with Intent to Cause Injury to a Person: If false evidence is given or fabricated with the intent to cause injury to any person, Section 195 comes into play. The punishment for this offense can extend to seven years of imprisonment and a fine.

5. Section 196 – Using Evidence Known to be False: This section penalizes individuals who use evidence in any stage of a judicial proceeding which they know to be false or fabricated. The punishment may extend to imprisonment for a term which may extend to seven years and a fine.

Consequences of Giving or Fabricating False Evidence

1. Criminal Liability: As evident from the legal provisions outlined above, providing false evidence or fabricating it can lead to significant prison sentences and fines. The severity of the punishment depends on the nature of the false evidence and the intent behind it.

2. Undermining the Justice System: False evidence undermines the credibility of the justice system and can lead to wrongful convictions or acquittals. It erodes public trust in the legal system and has far-reaching consequences.

3. Civil Liability: Apart from criminal charges, individuals found guilty of giving or fabricating false evidence may also be subject to civil lawsuits, where they can be held financially responsible for any damages caused to the wronged party.

4. Professional Consequences: Professionals, such as lawyers and witnesses, who are found guilty of providing false evidence may face disbarment or other professional sanctions.

Conclusion

In Pakistan, as in many countries, giving or fabricating false evidence is a grave offense with serious legal consequences. It not only jeopardizes the integrity of the justice system but can also lead to severe penalties for the individuals involved. To maintain the sanctity of the legal process and ensure justice prevails, it is imperative for all parties involved in legal proceedings to adhere to the truth and refrain from any attempt to manipulate or fabricate evidence. The legal framework in Pakistan is clear in its stance against such actions, and individuals should be aware of the legal implications they may face if they engage in giving or fabricating false evidence.

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