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5. False Reference and False Interpretation
form of it. It is against sound principles to visit the same crime with a more lenient punishment on account of the mode of perpetration merely, more especially if that mode is one which manifests more deliberate malice and aggravated guilt.” However, our law properly restricts the general provision in favour of the offender where the sentence of death awarded against the accused, in the trial in which the false evidence was given, is not executed. If the false witness retracts his evidence in time to stay the execution of the sentence of death passed on the accused, the punishment of the false witness is reduced to hard labour from four to six years. Thus, the law holds out a motive for the false witness to retract in time to save his victim. If, though the false witness does not retract, the execution is stayed for some other cause, the false witness will be liable to the ordinary punishment for attempted homicide.
In addition to the punishment above mentioned, any person sentenced for false testimony incurs also the punishment of general interdiction and is disqualified from serving as a witness, except in judicial proceedings, and as a referee in any case. Such interdiction is awarded for a term of from ten to twenty years.
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5. False Reference and False Interpretation
By Section 105, the punishment of false testimony is extended to Referees or Experts and Interpreters. That section lays down:
“Any referee who, in any civil or criminal proceedings, shall knowingly certify false facts, or maliciously give a false opinion, shall, on conviction be liable to the punishment to which a false witness is liable under the preceding sections (i.e., 102,103,104) of this sub-title” .
The same punishment applies to any person who when acting as an interpreter in any judicial proceeding and on path, shall have knowingly made a false interpretation.
As these persons have a great deal in their power and pay very easily pervert the course of justice it is just to subject them to the same checks against falsehood or fraud as other witnesses.
The moral element of this crime is clearly indicated by the words "knowingly", "maliciously":
