BACK TO SECTIONS(2019) 2 SCC 703
Non-BailableCognizable: Non-CognizableCourt of Session / Magistrate First Class
Reform Highlights
1
Renumbered from IPC 191/193 to BNS 252.
2
Two-tier punishment structure — judicial vs other proceedings — preserved.
3
Substantive law unchanged.
THE STATUTE
The Clause
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.
Legal Commentary
Section 252 defines the offence of giving false evidence — perjury — one of the most fundamental offences against the administration of justice. Courts and tribunals depend on witnesses telling the truth. Perjury poisons the well of the justice system: it leads to the conviction of the innocent, the acquittal of the guilty, the dismissal of legitimate claims, and the awarding of fraudulent ones. The essential elements are: (1) a legal obligation to state the truth (under oath or statutory duty), (2) a statement made in that capacity, (3) the statement is false, and (4) the maker knows it to be false or does not believe it to be true. The subjective element is crucial — mere honest mistake is not perjury. Only the deliberate liar — who knows the truth and states the opposite — commits perjury. The punishment is significantly higher for false evidence in judicial proceedings (7 years) than in other proceedings (3 years). Despite the gravity of the offence, perjury prosecutions in India are remarkably rare — courts require strong proof of knowing falsehood, and judicial culture has been reluctant to use criminal sanctions against witnesses, resulting in what many judges have described as endemic perjury.
Landmark Precedents
Nipun Saxena v. Union of India (2019)
RELEVANCE
Comprehensive guidelines on victim identity protection — media cannot reveal identity even when victim is deceased; digital publication equally covered under BNS 252.
Case Simulations
"A witness who testifies they saw the accused at the crime scene, knowing they were not there — perjury in judicial proceedings under BNS 252."
"A party to a civil dispute who files a false affidavit denying receiving money they actually received — perjury by affidavit."
"An expert witness who falsifies test results in court — perjury plus fabricating evidence under BNS 253."
Expert Insights
No. Perjury requires that the witness knew the statement was false. An honest mistake — misremembering a date, genuinely confusing events — is not perjury. Courts require clear proof of deliberate falsehood.
Yes. Affidavits are sworn statements — the maker is legally bound to tell the truth. A false affidavit is perjury under BNS 252.