What is the maximum sentence for giving false evidence under Section 194 of the Penal Code?

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The Maximum Sentence for Giving False Evidence Under Section 194 of the Penal Code is 20 Years Imprisonment and a Fine

The maximum penalty stipulated under Section 194 of the Penal Code for the offence of giving false evidence with the intent to procure the conviction of an accused for a capital offence is 20 years imprisonment and a fine. This provision addresses the gravity of deliberately misleading the court in capital cases, where the stakes involve the life of the accused.
Offence Details and Judicial Precedent

The offence centres on the act of providing false testimony with the specific aim of causing an individual's conviction for a capital crime. A historical case, Bhandulananda Jayatilake v Public Prosecutor \[1982] 1 MLJ 83, illustrates this. In this Federal Court appeal from over 40 years ago, the appellant had given false testimony during a murder trial. His testimony was crucial, forming the main link in the prosecution's largely circumstantial evidence against the accused, who was ultimately convicted and sentenced to death.
Consequences of False Testimony in Capital Cases

The conviction and sentence in the aforementioned case were later set aside by the apex court after the appellant confessed to having lied during the trial. Following this confession, the appellant was charged and convicted under Section 194 of the Penal Code. The trial judge in that instance imposed a sentence of 10 years imprisonment. The appellate court acknowledged that providing false testimony in a capital case is a profoundly serious matter, given its potential to jeopardise an individual's life.
Judicial Discretion in Sentencing

Appeals against sentences often involve arguments of harshness or excessiveness. The Federal Court has consistently held that it will not normally interfere with sentences imposed by lower courts unless there is a clear error in the exercise of discretion. This means that the mere possibility that a different court might have imposed a different sentence is generally insufficient grounds for interference. The sentencing judge must have engaged in an unauthorised, extraneous, or irrelevant exercise of discretion for the appellate court to intervene.

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What is the maximum sentence for giving false evidence under Section 194 of the Penal Code?

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