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BNS 2024ACTIVE FRAMEWORK

Section 199

False Statement Made in Declaration Which is by Law Receivable as Evidence

Replaces colonial-era: IPC 199

BailableCognizable: Non-CognizableMagistrate First Class

Reform Highlights

1

Preserved from IPC Section 199.

2

Covers all statutory declarations, affidavits, and sworn statements, not just oral testimony.

3

Same punishment as giving false evidence under Section 229.

THE STATUTE

The Clause

Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorised by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.

Legal Commentary

Section 199 extends the perjury framework beyond oral testimony to cover all sworn declarations that any court, public servant, or authorised person is required by law to receive as evidence. The most common application is affidavits — sworn written statements filed in courts, government offices, and administrative proceedings. Filing a false affidavit in court proceedings, making a false declaration in a passport application, or providing false statements in an official government declaration all attract this provision. The key elements mirror the perjury standard: the declaration must be one that the recipient is bound to accept as evidence; the statement must be false; and the maker must know or believe it to be false. The punishment is identical to giving false evidence — up to 7 years for false declarations in judicial proceedings.

Case Simulations

"Filing a false affidavit about income in a court proceeding — Section 199."
"Making a false declaration of nationality in a passport application — Section 199."
"Swearing a false statutory declaration about property ownership — Section 199."

Expert Insights

Yes — an affidavit is precisely the kind of declaration receivable as evidence that Section 199 targets. A false affidavit in court proceedings faces the same punishment as perjury — up to 7 years.