BACK TO SECTIONS2002 Cri LJ 1224
BailableCognizable: Non-CognizableMagistrate First Class
THE STATUTE
Original Text
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.
Simplified
Section 191 defines perjury — giving deliberately false testimony when legally bound to speak the truth. The key elements: (1) a legal obligation to tell the truth (under oath or statutory duty); (2) a false statement; (3) the maker knows it to be false or does not believe it to be true. The subjective element is crucial — an honest mistake, however careless, is not perjury. Only the deliberate liar commits this offence. Perjury in courts (Section 193 — up to 7 years) is treated more seriously than false statements before other authorities (up to 3 years). Despite its gravity — false testimony can lead to wrongful conviction or wrongful acquittal — perjury prosecutions in India are remarkably rare, partly because of the high evidentiary burden to prove deliberate falsehood.
Legal Evolution
The IPC drafters were famously concerned about witness veracity in India. Despite severe prescribed penalties, perjury prosecution remains chronically under-utilised — the Supreme Court has repeatedly criticised courts for failing to take action against witnesses who demonstrably lie.
Landmark Precedents
In Re: Suo Motu Proceedings Against R. Karuppan (2001)
RELEVANCE
Supreme Court described perjury as a scourge eroding the justice system and directed more vigorous prosecution under Sections 191–193 IPC.
Practical Scenarios
"Lying under oath during a court testimony about seeing the accused at the crime scene."
"Making a false declaration in an affidavit required for a property transfer."
"A doctor intentionally giving a false medical report to mislead court proceedings."
Common Queries
Yes, if there is a legal obligation to state the whole truth — making a statement that suppresses material facts can constitute giving false evidence.
The law requires that you 'know or believe' the statement to be false. If you made the statement in good faith believing it was true, it does not constitute perjury under Section 191.