Offence relation to false evidence MCQ Quiz - Objective Question with Answer for Offence relation to false evidence - Download Free PDF

The correct answer is threatening any person to give false evidence

Key Points

• Relevant Provision: Section 195A of the Indian Penal Code, 1860
• Essence of the Section: This section deals with the offence of threatening or inducing any person to give false evidence in any legal proceeding.
• Key Elements:
  • Threatening another person with injury to person, reputation, or property, or
  • Inducing someone by such threats to give false evidence.
• Punishment:
  • The offender shall be punished in the same manner as if the person had given false evidence.
  • If such false evidence is used in a capital offence and results in a death sentence, the person threatening can be punished with death or the same sentence as the falsely convicted person.

Additional Information

• Security of witness: Covered under witness protection schemes, not Section 195A IPC.
• Security of victim: Not covered under this section.
• None of the above: Incorrect — Section 195A specifically covers threatening to give false evidence.

The correct answer is Shashikant Vs C.B.I. AIR 2007 SC 351

Key Points

• In Shashikant v. C.B.I., AIR 2007 SC 351, the Supreme Court of India clearly held that the identity of the victim of a sexual offence should not be disclosed, even in the judgment of the court.
• This principle upholds the privacy and dignity of the victim and aligns with Section 228A of the Indian Penal Code, which criminalizes disclosure of the identity of a rape victim.

Additional Information

• Dinesh v. State of Rajasthan AIR 2006 SC 1267: Related to rape but does not lay down the specific principle on non-disclosure of identity in judgments.
• Naveen Chandra v. State of Uttaranchal AIR 2007 SC 363: Not connected with the legal principle of protecting victim identity.
• None of the above: Incorrect, as the correct case is Shashikant v. CBI.

The correct answer is Section 204

Key Points

• Section 204 deals with destruction of document or electronic record with the intention to prevent its production as evidence in a court of law.
• It applies to whoever secretes or destroys any document/electronic record which they may be legally compelled to produce.
• Electronic Records Included:
  • The term “electronic record” was added to include digital data/documents under the Information Technology Act, 2000.
  • Therefore, destroying WhatsApp chats, emails, CCTV footage, etc., to hide evidence is punishable under this section.
• Punishment:
  • Imprisonment up to 2 years, or fine, or both depending on the nature of the underlying case.

Additional Information

• Option 1. Section 201 IPC: Deals with causing disappearance of evidence of an offence, not specifically destruction of electronic records.
• Option 3. Section 202 IPC: Covers intentional omission to give information about an offence, not destruction of evidence.
• Option 4. Section 203 IPC: Deals with giving false information to screen offenders, not destroying records.

The correct answer is Section 228 A

Key Points

• Section 228A IPC specifically deals with the prohibition of disclosure of the identity of the victim of certain offences, including rape.
• Purpose of Section 228A:
  • To protect the privacy and dignity of the victim,
  • To prevent social stigma and harassment that might arise if the victim's identity is disclosed publicly.
• What does it say?
  • Whoever publishes the name or any identifying detail of the victim of rape or certain other offences shall be punished.
  • The punishment may extend to imprisonment and/or fine.
• Importance:
  • This law encourages victims to come forward without fear of public humiliation.
  • Protects victim's right to privacy during and after trial.

Additional Information 

• Option 1. Section 354D IPC: Deals with stalking and not disclosure of victim identity.
• Option 2. Section 376E IPC: Concerns punishment for repeat offenders in rape cases (minimum 20 years to life imprisonment), not about identity disclosure.
• Option 3. Section 229 IPC: Related to sale of obscene books, not relevant here.

The correct answer is Option 2.

Key Points Section 228A of the IPC:
Disclosure of identity of the victim of certain offences, etc.—
(1) Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an 2 [offence under section 376, section 376A, section 376B, section 376C, section 376D or section 376E] is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.
(2) Nothing in sub-section (1) extends to any printing or publication of the name or any matter which may make known the identity of the victim if such printing or publication is— (a) by or under the order in writing of the officer-in-charge of the police station or the police officer making the investigation into such offence acting in good faith for the purposes of such investigation; or
(b) by, or with the authorisation in writing of, the victim; or
(c) where the victim is dead or minor or of unsound mind, by, or with the authorisation in writing of, the next of kin of the victim: Provided that no such authorisation shall be given by the next of kin to anybody other than the chairman or the secretary, by whatever name called, of any recognised welfare institution or organisation.
Explanation.—For the purposes of this sub-section, “recognised welfare institution or organisation” means a social welfare institution or organisationrecognised in this behalf by the Central or State Government.
(3) Whoever prints or publishes any matter in relation to any proceeding before a court with respect to an offence referred to in sub-section (1) without the previous permission of such court shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.
Explanation.—The printing or publication of the judgment of any High Court or the Supreme Court does not amount to an offence within the meaning of this section.

The correct answer is Option 1.

Key Points

• False Evidence in Judicial Proceedings
• Intentionally giving or fabricating false evidence at any stage of a judicial proceeding.
• Punishment:
  • Imprisonment for up to seven years.
  • Liable to pay a fine.
• False Evidence in Other Cases
• Intentionally giving or fabricating false evidence that is situations not part of judicial proceedings.
• Punishment:
  • Imprisonment for up to three years.
  • Liable to pay a fine.

The correct answer is option 3.

Key Points

•  Section 201 of IPC Deals with Causing disappearance of evidence of offence, or giving false information to screen offender.—Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false.
• Section 205 of IPC deals with False personation for purpose of act or proceeding in suit or prosecution.—Whoever falsely
  personates another, and in such assumed character makes any admission or statement, or confesses judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 

The correct answer is option 3.

Key Points

•  Section 201 of IPC Deals with Causing disappearance of evidence of offence, or giving false information to screen offender.—Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false.
• Section 205 of IPC deals with False personation for purpose of act or proceeding in suit or prosecution.—Whoever falsely
  personates another, and in such assumed character makes any admission or statement, or confesses judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 

The correct answer is option 3.

Key Points

•  'A' has committed the offence under Section 192 of the Indian Penal Code (IPC), which deals with "Fabricating false evidence."
• In the scenario described, 'A' intentionally places jewels into a box owned by 'B' with the specific intent that these jewels be discovered in 'B's possession, leading to a wrongful conviction of 'B' for theft.
• This constitutes fabricating false evidence, as 'A' is creating a scenario or evidential circumstance that falsely implicates 'B' in a crime that 'B' did not commit.
• Section 192 of the IPC specifically addresses behaviors intended to cause wrongful conviction or to prevent the conviction of an offense by creating false evidence or interfering with the proper evidence.
• The act of placing jewels in someone else's property to falsely implicate them in a theft falls squarely within the purview of fabricating false evidence as per this section.
• The purpose of Section 192 is to maintain the integrity of the judicial process by penalizing those who attempt to manipulate it through deceitful means.
• It ensures that individuals cannot resort to creating false scenarios or evidence with the intent of wrongfully implicating someone in a crime or shielding someone from just prosecution.
• Under Section 192, the act of fabricating false evidence with the intention of causing another person to be convicted of an offense which that person has not committed is punishable by the law, reflecting the significance the legal system places on truthfulness and the accurate determination of criminal responsibility.

The correct answer is Option 2.

Key Points Section 195A of the Indian Penal Code (IPC) deals with threatening someone to give false evidence.

Whoever threatens another with any injury to his person, reputation or property or to the person or reputation of any one in whom that person is interested, with intent to cause that person to give false evidence shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both; and

if innocent person is convicted and sentenced in consequence of such false evidence, with death or imprisonment for more than seven years, the person who threatens shall be punished with the same punishment and sentence in the same manner and to the same extent such innocent person is punished and sentenced.

correct answer is 7 years.

Key Points Section 213 of the IPC deals with Taking gift, etc., to screen an offender from punishment. According to Section 213:-

• Whoever accepts or attempts to obtain, or agrees to accept, any gratification for himself or any other person, or any restitution of property to himself or any other person, in consideration of his concealing an offence or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment;
• If a capital offence — shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;
• If punishable with imprisonment for life, or with imprisonment — and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;
• And if the offence is punishable with imprisonment not extending to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both.
   

The correct answer is Lalit Yadav v. The State of Chhattisgarh.

Key Points 

In cases involving sexual offenses, every effort should be made by all courts to protect the identity of the victim in accordance with Section 228A of the Indian Penal Code (IPC).

Specific Guidelines protect the identity of the victim in accordance with Section 228A of the Indian Penal Code (IPC):

• Minors: Protect the identity of minors to safeguard them from social stigma, trauma, and potential exploitation.

• Women: Protect the identity of women to ensure their privacy, dignity, and safety. Disclosing their identity could lead to ostracization, harassment, and further victimization.

• Victim's Objection: Respect the victim's wishes and protect their right to privacy, even if they are an adult.

• Potential Harm: Carefully evaluate whether disclosure could cause physical or emotional harm to the victim. Prioritize protection if the potential harm outweighs the benefits of disclosure.

• Fair Trial: Determine whether disclosure is essential for the accused's right to a fair trial. If the accused's defense can be adequately presented without revealing the victim's identity, it should not be disclosed.

• Deceased or Mentally Incapable Victims: Protect the identity of deceased or mentally incapable victims unless there are compelling reasons to disclose. The Sessions Judge should determine such reasons.

• Religious Orders: Protect the identity of victims who are members of religious orders, considering the severance from worldly ties and spiritual rebirth associated with religious orders.

The correct answer is threatening any person to give false evidence

Key Points

• Relevant Provision: Section 195A of the Indian Penal Code, 1860
• Essence of the Section: This section deals with the offence of threatening or inducing any person to give false evidence in any legal proceeding.
• Key Elements:
  • Threatening another person with injury to person, reputation, or property, or
  • Inducing someone by such threats to give false evidence.
• Punishment:
  • The offender shall be punished in the same manner as if the person had given false evidence.
  • If such false evidence is used in a capital offence and results in a death sentence, the person threatening can be punished with death or the same sentence as the falsely convicted person.

Additional Information

• Security of witness: Covered under witness protection schemes, not Section 195A IPC.
• Security of victim: Not covered under this section.
• None of the above: Incorrect — Section 195A specifically covers threatening to give false evidence.

The correct answer is Shashikant Vs C.B.I. AIR 2007 SC 351

Key Points

• In Shashikant v. C.B.I., AIR 2007 SC 351, the Supreme Court of India clearly held that the identity of the victim of a sexual offence should not be disclosed, even in the judgment of the court.
• This principle upholds the privacy and dignity of the victim and aligns with Section 228A of the Indian Penal Code, which criminalizes disclosure of the identity of a rape victim.

Additional Information

• Dinesh v. State of Rajasthan AIR 2006 SC 1267: Related to rape but does not lay down the specific principle on non-disclosure of identity in judgments.
• Naveen Chandra v. State of Uttaranchal AIR 2007 SC 363: Not connected with the legal principle of protecting victim identity.
• None of the above: Incorrect, as the correct case is Shashikant v. CBI.

The correct answer is Section 204

Key Points

• Section 204 deals with destruction of document or electronic record with the intention to prevent its production as evidence in a court of law.
• It applies to whoever secretes or destroys any document/electronic record which they may be legally compelled to produce.
• Electronic Records Included:
  • The term “electronic record” was added to include digital data/documents under the Information Technology Act, 2000.
  • Therefore, destroying WhatsApp chats, emails, CCTV footage, etc., to hide evidence is punishable under this section.
• Punishment:
  • Imprisonment up to 2 years, or fine, or both depending on the nature of the underlying case.

Additional Information

• Option 1. Section 201 IPC: Deals with causing disappearance of evidence of an offence, not specifically destruction of electronic records.
• Option 3. Section 202 IPC: Covers intentional omission to give information about an offence, not destruction of evidence.
• Option 4. Section 203 IPC: Deals with giving false information to screen offenders, not destroying records.