giving false evidence and offences against administration of justice
Completion requirements
Section 191 of the Penal Code explains that giving false evidence means a person bound by oath or express provision of law, to tell the truth, makes a false statement or a statement that he doesn’t believe to be true or believes to be false. False statement or evidence given by a person can be in written form or otherwise (oral or indicative). Section 191 is also known as Perjury under English Perjury Act 191. For example, a matter concerning the handwriting of Z for which Z’s son is called to test the handwriting that whether it is of his father or not. Even after knowing it is not the handwriting of Z he states the opposite in court stating that it is the handwriting of Z. It is a typical offence called perjury. Taking up the same scenario of Z’s handwriting, where his son is called to testify his handwriting but this time his son is not confident and states that although I am not confident that it was not the handwriting of Z; in this situation, his son cannot be held liable under Section 193 of the Penal Code because his intention is not to lie. A copy of the sales deed shown in the court which is edited or fabricated is known as false evidence. Perjury is all about giving false evidence. Lets us take a classic example in which X is bound under oath that he will speak only the truth in respect to a case in which Y is suspect for the charge of murder that took place in Delhi. Now X says that Y was with me in Shimla on 20th May 2019( the date when the murder was committed). But X lies and gives false evidence. It is a clear example of perjury.
False Evidence
Section 191 of the Penal Code explains that giving false evidence means a person bound by oath or express provision of law, to tell the truth, makes a false statement or a statement that he doesn’t believe to be true or believes to be false. False statement or evidence given by a person can be in written form or otherwise (oral or indicative). Section 191 is also known as Perjury under English Perjury Act 191. For example, a matter concerning the handwriting of Z for which Z’s son is called to test the handwriting that whether it is of his father or not. Even after knowing it is not the handwriting of Z he states the opposite in court stating that it is the handwriting of Z. It is a typical offence called perjury. Taking up the same scenario of Z’s handwriting, where his son is called to testify his handwriting but this time his son is not confident and states that although I am not confident that it was not the handwriting of Z; in this situation, his son cannot be held liable under Section 193 of the Penal Code because his intention is not to lie. A copy of the sales deed shown in the court which is edited or fabricated is known as false evidence. Perjury is all about giving false evidence. Lets us take a classic example in which X is bound under oath that he will speak only the truth in respect to a case in which Y is suspect for the charge of murder that took place in Delhi. Now X says that Y was with me in Shimla on 20th May 2019( the date when the murder was committed). But X lies and gives false evidence. It is a clear example of perjury.
Essential Ingredients of False Evidence
False evidence made by a person who is:- Bound by oath, or
- By an express provision of law, or
- A declaration which a person is bound by law to make on any subject, and
- Which statement or declaration is false and which he either knows or believes to be false or does not believe to be true.
Three essential prerequisite condition for the application of Section 191:- A legal obligation to state the truth,
- Making of a false statement or declaration, and
- Belief in its falsity.
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