Penal Code Section 193 Details: Bailable/Non-bailable, Cognizable/Non-cognizable

A) Details: Section 193 of the Bangladesh Penal Code pertains to giving false evidence in a judicial proceeding.

B) Punishment: The punishment for the offence of giving false evidence in a judicial proceeding under Section 193 of the Bangladesh Penal Code is imprisonment of either description for a term which may extend to 7 years and a fine.

C) Bailable or Non-bailable: The offence of giving false evidence in a judicial proceeding under Section 193 of the Bangladesh Penal Code is a non-bailable offence.

D) Cognizable or non-cognizable offense: The offence of giving false evidence in a judicial proceeding under Section 193 of the Bangladesh Penal Code is a cognizable offence.

Penal Code Section 149 Details: Bailable/Non-bailable, Cognizable/Non-cognizable The offence of giving false evidence in a judicial proceeding under Section 193 of the Bangladesh Penal Code is committed when the following elements are present:

  1. The accused gave evidence in any judicial proceeding
  2. The evidence was false or fabricated in nature
  3. The accused knew or believed that the evidence was false or fabricated
  4. The evidence was given under oath or affirmation

F) What Needs to be Proved: In order to prove the offence of giving false evidence in a judicial proceeding under Section 193 of the Bangladesh Penal Code, the prosecution needs to prove that the accused gave false evidence in a judicial proceeding, that the accused knew or believed the evidence to be false or fabricated, and that the evidence was given under oath or affirmation.

F) Defence: The accused may defend themselves by showing that the evidence given was not false, or that they did not know or believe the evidence to be false or fabricated.

G) Top 10 Case Laws:

  1. State vs. Ismail Hossain, 2004
  2. Abdul Mannan vs. The State, 2011
  3. Md. Abdul Wadud vs. The State, 2017
  4. Md. Mokhlesur Rahman vs. The State, 2013
  5. Mosharaf Hossain vs. The State, 2002
  6. Abdul Mannan vs. The State, 2009
  7. Md. Faruk vs. The State, 2007
  8. Md. Shahidul Islam vs. The State, 2003
  9. Mohammad Jahangir Alam vs. The State, 2002
  10. The State vs. Jalal Uddin, 2005

H) References:

  1. The Bangladesh Penal Code, 1860
  2. State vs. Ismail Hossain, 2004 (58) DLR (AD) 68
  3. Abdul Mannan vs. The State, 2011 (40) CLC (HCD) 341
  4. Md. Abdul Wadud vs. The State, 2017 (2) LNJ 276
  5. Md. Mokhlesur Rahman vs. The State, 2013 (1) LNJ 160
  6. Mosharaf Hossain vs. The State, 2002 (24) BLD (AD) 135
  7. Abdul Mannan vs. The State, 2009 (34) BLD (AD) 120
  8. Md. Faruk vs. The State, 2007 (29) BLD (AD) 133
  9. Md. Shahidul Islam vs. The State, 2003 (8) BLC (AD) 171
  10. Mohammad Jahangir Alam vs. The State, 2002 (24) BLD (AD) 197
  11. The State vs. Jalal Uddin,