Code:
Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.
Explanation1.—A statement is within the meaning of this section, whether it is made verbally or otherwise.
Explanation 2.—A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.
Illustrations
(a) A, in support of a just claim which B has against Z for one thousand rupees, falsely swears on a trial that he heard Z admit the justice of B’s claim. A has given false evidence.
(b) A, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that which he knows to be false, and therefore gives false evidence.
(c) A, knowing the general character of Z’s handwriting, states that he believes a certain signature to be the handwriting of Z; A in good faith believing it to be so. Here A’s statement is merely as to his belief, and is true as to his belief, and therefore, although the signature may not be the handwriting of Z, A has not given false evidence.
(d) A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not knowing anything upon the subject. A gives false evidence whether Z was at that place on the day named or not.
(e) A, an interpreter or translator, gives or certifies as a true interpretation or translation of a statement or document which he is bound by oath to interpret or translate truly, that which is not and which he does not believe to be a true interpretation or translation. A has given false evidence.
Explanation:
This section states that whoever, being legally bound to state the truth, gives false evidence in any judicial proceeding, or in any other proceeding where evidence is legally taken, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
The essential elements of this offense are:
- Legal Obligation to State the Truth: The accused must have been legally bound to state the truth, meaning they were under a legal duty to provide truthful testimony or evidence.
- False Evidence: The accused must have given false evidence, meaning they knowingly and intentionally provided false information or concealed the truth.
- Judicial Proceeding or Other Proceeding: The false evidence must have been given in a judicial proceeding, such as a trial, or in any other proceeding where evidence is legally taken, such as a departmental inquiry.
Illustration:
A witness in a murder trial is asked by the court whether he saw the accused at the scene of the crime. He knowingly gives false evidence by stating that he did not see the accused, even though he actually did. This would be considered a violation of Section 191 IPC.
Common Questions and Answers:
What is the difference between giving false evidence and perjury?
Perjury is a more specific offense that applies only to false statements made under oath in a judicial proceeding. Section 191 IPC is a broader offense that covers false evidence in any proceeding where evidence is legally taken.
Can a person be charged under both Section 191 IPC and the perjury law?
Yes, a person can be charged under both sections if the circumstances warrant it. However, they cannot be convicted of both offenses for the same act.
What are the consequences of being convicted under Section 191 IPC?
Conviction under this section carries a penalty of imprisonment up to seven years and a fine. It also has serious implications for the accused’s reputation and credibility.
