Using evidence known to be false
Section 196 of the Indian Penal Code, 1860 deals with using evidence known to be false. Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence. The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.
Section 196, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 233 Using evidence known to be false Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 60
- Airports Economic Regulatory Authority of India Act s. 29 Procedure and powers of Appellate Tribunal
- Andhra Pradesh Goods and Services Tax Act s. 105 Powers of Authority and Appellate Authority
- Andhra Pradesh Goods and Services Tax Act s. 111 Procedure before Appellate Tribunal
- Armed Forces Tribunal Act s. 15 Jurisdiction, powers and authority in matters of appeal against court martial
- Arunachal Pradesh Goods and Services Tax Act s. 105
- Arunachal Pradesh Goods and Services Tax Act s. 105 Powers of Authority and Appellate Authority
- Arunachal Pradesh Goods and Services Tax Act s. 111 Procedure before Appellate Tribunal
- Assam Goods and Services Tax Act s. 105
- Assam Goods and Services Tax Act s. 111
- Assam State Vigilance Commission Act s. 13
- Assam Taxation (on goods carried by roads or inland waterways) (Amendment) 1961 s. 30
- Bihar Goods and Services Tax Act s. 223
and 48 more
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Udai Singh vs State of Rajasthan
Court's Decision & Legal Precedent
For prosecution of a public servant (police officer) for offences under Sections 193, 195, and 196 IPC (relating to false evidence in judicial proceedings), a written complaint from the court in relation to which the offences were committed is mandatory under Section 195 Cr.P.C. Additionally, for prosecution under Sections 166 and 167 IPC for acts allegedly committed in discharge of official duty, prosecution sanction under Section 197 Cr.P.C. from the competent authority is necessary. Absence of these procedural requirements renders the prosecution invalid and liable to be set aside.
On this section: Offence of using evidence known to be false. Court held that prosecution requires written complaint from the court in relation to which offence was committed.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The offences punishable under Section 193 and 196 IPC would fall within the ambit of clause (b) (i) of sub-section (1) of Section 195 whereas Sections 466, 467, 468 and 471 would fall within the ambit of clause (b) (ii) of sub- section (1) of Section 195. In the present case insofar as the offences under Section 193 and 196 IPC are concerned, the same relate to the execution proceedings because it is in the said proceedings that the false and fabricated decree has been produced, Whereas insofar as the offences under Sections 466, 467, 468 and 471 of the Indian Penal Code are concerned, the same have been committed in connection with …
Questions about Section 196
What have the courts held on Section 196 of the Indian Penal Code?
Udai Singh vs State of Rajasthan (05 Mar 2019) is the leading judgment on this section among those set out below: Offence of using evidence known to be false. Court held that prosecution requires written complaint from the court in relation to which offence was committed.
How do I find court cases under Section 196 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 196, section 196 IPC, section 196 of the Indian Penal Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Udai Singh vs State of Rajasthan (05 Mar 2019).
What should I read with Section 196 of the Indian Penal Code, and has it changed?
60 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNS 233 (Using evidence known to be false), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 196 of the Indian Penal Code come into force?
Section 196 of the Indian Penal Code, cited as IPC 196, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.