BACK TO SECTIONS2002 Cri LJ 1224
BailableCognizable: Non-CognizableCourt of Session
Reform Highlights
1
Renumbered from IPC 191/193 to BNS 227/229.
2
Structural clarity improved by separating the definition from the punishment.
THE STATUTE
The Clause
Section 227: Whoever makes any false statement on oath or affirmation or makes any false statement in any declaration which he is required by law to make... commits the offence of giving false evidence.
Legal Commentary
Section 227 defines giving false evidence — what is internationally known as perjury. It covers false statements made under oath or affirmation before courts, tribunals, or any authority legally empowered to administer oaths, as well as false statements in legal declarations and affidavits. The offence strikes at the foundations of the justice system: courts depend entirely on the reliability of evidence presented to them. A witness who lies under oath does not merely wrong the specific parties in the case — they attack the integrity of the judicial process itself, potentially causing wrongful convictions or wrongful acquittals with devastating consequences for individuals and for public trust in courts. The offence requires both a false statement and knowledge of its falsity — genuinely mistaken testimony is not perjury, though it may be relevant to credibility assessment. The section covers false statements in a wide range of contexts beyond just courtroom testimony: affidavits, sworn declarations to government authorities, statements to customs and immigration officers, and depositions before quasi-judicial bodies. The 3-year minimum for the aggravated form (in capital cases) and 7-year maximum reflect the serious harm false evidence can cause, particularly where an innocent person faces the death penalty.
Landmark Precedents
In Re: Suo Motu Proceedings Against R. Karuppan (2001)
RELEVANCE
Supreme Court described perjury as a scourge eroding the justice system — directed more vigorous prosecution under the false evidence provisions.
Case Simulations
"An eyewitness who falsely identifies a person as being at the crime scene when they were not, knowing this to be false — perjury under BNS 227."
"A company director who files a false affidavit stating he has no assets, to frustrate a court decree — BNS 227."
"A character witness who falsely states the accused has 'no criminal background' when they know this to be untrue — BNS 227."
Expert Insights
Yes. An affidavit is a solemn declaration made under oath. Filing a false affidavit knowing it contains false statements constitutes giving false evidence under BNS 227, punishable under BNS 229.
The offence requires knowledge of the falsity — a witness who is intimidated into giving false testimony is still committing the offence, but the circumstances may be relevant to sentencing. The person who intimidated the witness into lying would also be liable for abetment.