Whoever, being legally bound by an oath or affirmation to state the truth on any subject to any public servant or other person authorised by law to administer such oath or affirmation, makes, to such public servant or other person as aforesaid, touching that subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine
Simplified Explanation
Section 216 addresses the offense of making a false statement on oath or affirmation to a public servant or any person authorized by law to administer an oath or affirmation.
Key Elements of Section 216
1. Legal Requirement to Tell the Truth
- The individual must be legally bound by an oath or affirmation to state the truth on a particular subject.
- This oath or affirmation is taken before a public servant or a person legally authorized to administer oaths, which could include judges, magistrates, or other officials who have the authority to require an individual to speak truthfully.
2. False Statement
- The individual must make a false statement regarding the subject in question. The falsehood could be intentional or stem from a lack of belief in the truth of the statement.
- The individual must either know or believe the statement to be false, or they must fail to believe the statement to be true. This means that if someone deliberately lies under oath or is reckless in making an untrue statement, they are committing an offense under this section.
Punishment for False Statement
The penalties for making a false statement under oath or affirmation are as follows:
- Imprisonment: The individual can be imprisoned for a term of up to three years. The imprisonment could be of either description (simple or rigorous).
- Fine: The individual may also be liable to a fine, in addition to imprisonment.
Illustration of the Offense
- A person, when asked to give testimony in a court of law under oath, knowingly states that they witnessed an event, even though they know they did not. This is a false statement made under affirmation and is punishable under Section 216.
- Similarly, a person providing a sworn statement to a public servant, such as a police officer or investigator, about the details of an incident (such as a crime) deliberately gives false information, fully aware that their statement is false. This action also qualifies under Section 216.
Purpose and Significance of Section 216
1. Ensuring Integrity of Legal Proceedings
- Section 216 serves to maintain the integrity of legal proceedings by penalizing individuals who intentionally provide false information under oath or affirmation. Such falsehoods can undermine the credibility of legal processes, investigations, and judicial actions.
2. Deterrent Against Perjury
- The section acts as a deterrent against perjury (the act of deliberately lying while under oath). Perjury can significantly affect the outcomes of legal proceedings, as false testimony could lead to wrongful convictions, unjust acquittals, or other legal consequences that distort justice.
3. Protection of Public Interest
- The law seeks to protect public interest by ensuring that individuals providing information in legal contexts are truthful. False statements made under oath or affirmation not only harm the case at hand but can also damage the reputation of institutions involved in administering justice.
4. Promoting Accountability and Responsibility
- By holding individuals accountable for making false statements, the law reinforces the principle that individuals must be responsible for the accuracy of their statements, particularly in serious matters such as legal investigations, trials, or testimony.
Legal Implications and Analysis
1. Scope of Application
- Section 216 applies when an individual is legally bound by an oath or affirmation to state the truth. This typically occurs in judicial or investigative contexts, including giving evidence in court, submitting sworn affidavits, or providing testimony to law enforcement agencies or regulatory bodies.
2. Seriousness of False Statements
- The section highlights the seriousness of making false statements under oath. It is not just about dishonesty but also about the intent to deceive the person administering the oath or affirmation and the broader legal system. The provision’s penalties reflect the gravity of the offense.
3. Legal Safeguards
- Oaths and affirmations are often accompanied by a warning about the legal consequences of making false statements. This serves as a safeguard to remind individuals of their obligation to speak truthfully and the potential punishment if they fail to do so.
4. Punitive Measures
- The combination of imprisonment and fine ensures that there is a significant deterrent effect. The offense’s seriousness is evident in the potential for a three-year prison sentence, which signals that the law takes falsifying statements under oath very seriously.
Conclusion
Section 216 of the Bharatiya Nyaya Sanhita, 2023 is designed to uphold the truthfulness and integrity of legal processes by imposing penalties on individuals who knowingly make false statements under oath or affirmation. This offense undermines the judicial and investigative process and can lead to wrongful decisions and miscarriages of justice.
By providing for imprisonment and fines, the section serves as a strong deterrent against perjury, promoting accountability and responsibility in legal proceedings. It emphasizes the importance of truth in maintaining the credibility and fairness of the legal system.
