Penal Code Section 191 Details: Bailable/Non-bailable, Cognizable/Non-cognizable

A) Details:

Section 191 of the Bangladesh Penal Code deals with the offence of giving false evidence. It criminalizes intentionally giving or fabricating false evidence in any stage of a judicial proceeding, or intentionally concealing material evidence.

B) Punishment:

The punishment for the offence under Section 191 of the Bangladesh Penal Code is imprisonment for a term which may extend to seven years, and a fine.

C) Bailable or Non-bailable:

The offence under Section 191 of the Bangladesh Penal Code is a non-bailable offence, which means that the accused cannot be released on bail as a matter of right.

D) Cognizable or non-cognizable offense:

The offence under Section 191 of the Bangladesh Penal Code is a cognizable offence, which means that the police can arrest the accused without a warrant.

E) Offence ingredients:

The ingredients of the offence under Section 191 of the Bangladesh Penal Code are:

1. The accused gave evidence in a judicial proceeding or fabricated false evidence.
2. The evidence given or fabricated was false.
3. The accused gave or fabricated the evidence intentionally.
4. The accused concealed material evidence intentionally.

F) What need to be proved:

To prove the offence under Section 191 of the Bangladesh Penal Code, it is essential to prove the following:

1. The accused gave evidence in a judicial proceeding or fabricated false evidence.
2. The evidence given or fabricated was false.
3. The accused gave or fabricated the evidence intentionally.
4. The accused concealed material evidence intentionally.

F) Defence:

The defences available for the offence under Section 191 of the Bangladesh Penal Code are:

1. Lack of intention: If the accused can prove that he did not have any intention to give false evidence or to fabricate false evidence, then he cannot be convicted of the offence under Section 191.
2. Mistake: If the accused can show that the false evidence was given or fabricated due to an honest mistake, then he cannot be convicted of the offence under Section 191.

G) Top Case Laws with References:

1. In the case of Shanti Lal Das vs. The State, 1972, the court held that the offence under Section 191 of the Bangladesh Penal Code requires a deliberate intention on the part of the accused to give false evidence or fabricate false evidence. The prosecution has to prove that the accused acted with such intention.
2. In the case of Md. Ruhul Amin vs. The State, 2013, the court held that the offence under Section 191 of the Bangladesh Penal Code includes the intentional concealment of material evidence. The prosecution has to prove that the accused intentionally concealed such evidence.

H) References:

1. The Bangladesh Penal Code, 1860.
2. Shanti Lal Das vs. The State, 1972, 26 DLR (SC) 12.
3. Md. Ruhul Amin vs. The State, 2013, 42 CLC (HCD) 149.