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17. Learned counsel urged that the offences under Sections 192 and 199 IPC were complete when the accused had adduced the fabricated commissioning reports in proceedings before the arbitrators, who had adversely commented on the conduct of the appellants. It was argued that the said offences would survive irrespective of the sustenance or otherwise of the arbitral award. Commending us to the decisions of this Court in In Re: Suo Moto Proceedings Against R. Karuppan, Advocate17, Sushil Kumar Vs. Rakesh Kumar18 and Murray & Co. Vs. Ashok Kr. Newatia & Anr.19, learned counsel pleaded that the offences of perjury and fabrication of false evidence require stern action to be taken against persons indulging in such acts.

24.At this juncture, it would be apposite to refer to the relevant statutory provisions and examine the legal position.

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25.Sections 192 and 199 IPC, read as follows:

"192. Fabricating false evidence.-Whoever causes any circumstance to exist or makes any false entry in any book or record, or electronic record or makes any document or electronic record containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding, is said "to fabricate false evidence"."
(iii) Doing such act with the intention that it may cause any person, who in such proceeding, is to form an opinion upon the evidence to entertain an erroneous opinion touching any point material to the result of such proceeding. (See: Babulal Vs. State of Uttar Pradesh & Ors.22.)

27.Similarly, Section 199 IPC requires the following ingredients to be established:

"(i) Making of a declaration which a Court or a public servant is bound or authorised by law to receive in evidence.

29. It is trite law that wherever by a legal fiction the principle of vicarious liability is attracted and a person who is otherwise not personally involved in the commission of an offence is made liable for the same, it has to be specifically provided in the statute concerned. In our opinion, neither Section 192 IPC nor Section 199 IPC, incorporate the principle of vicarious liability, and therefore, it was incumbent on the complainant to specifically aver the role of each of the accused in the complaint. It would be profitable to extract the following observations made in S.K. Alagh (supra) :-