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.
Explanation 1.—A statement is within the meaning of this section, whether it is made verbally or otherwise.
Explanation 2.—A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.
Illustrations.
(a) A, in support of a just claim which B has against Z for one thousand rupees, falsely swears on a trial that he heard Z admit the justice of B’s claim. A has given false evidence.
(b) A, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that which he knows to be false, and therefore gives false evidence.
(c) A, knowing the general character of Z’s handwriting, states that he believes a certain signature to be the handwriting of Z; A in good faith believing it to be so. Here A’s statement is merely as to his belief, and is true as to his belief, and therefore, although the signature may not be the handwriting of Z, A has not given false evidence.
(d) A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not knowing anything upon the subject. A gives false evidence whether Z was at that place on the day named or not.
(e) A, an interpreter or translator, gives or certifies as a true interpretation or translation of a statement or document which he is bound by oath to interpret or translate truly, that which is not and which he does not believe to be a true interpretation or translation. A has given false evidence.
Simplified Explanation
“Giving false evidence”
Section 227 of the Bharatiya Nyaya Sanhita, 2023 deals with the criminal offense of giving false evidence, specifically when an individual, who is legally bound by an oath or by law to tell the truth or make a declaration, intentionally provides false information.
Key Aspects of Section 227
1. Definition of False Evidence
- False evidence is defined as a statement made by someone who is legally bound to tell the truth (whether under oath or under an express provision of law), and:
- The statement is false.
- The person knows the statement is false, or believes it to be false, or does not believe it to be true.
2. When is False Evidence Given?
- False evidence is given when the statement, declaration, or information provided by the person contradicts the truth, and the person is aware of or believes this contradiction.
3. Types of Evidence:
- The statement can be:
- Verbal or non-verbal (written, documented, etc.).
- False evidence can be given even in cases where the individual falsely states their belief about something they do not believe to be true, or knows something that is not true.
4. Key Components for a Person to be Guilt of Giving False Evidence
- Legally bound to tell the truth: The individual must be under a legal obligation to speak the truth, either under oath or by law (such as in court proceedings, official declarations, or under certain legal processes).
- False statement or declaration: The individual must make a statement or declaration that is false, and either knows, believes, or has no belief in its truth.
Explanation of Key Terms
Oath or Legal Obligation:
- The person is bound by law to state the truth. This could be through an oath (like in court), or any other situation where the law requires a truthful declaration (such as signing documents, affidavits, etc.).
False Statement:
- A statement is considered false if it is incorrect, and the individual knows it is false, or has reason to believe it is false, or does not believe it to be true.
Belief of the Person:
- A person may give false evidence not only by intentionally stating something untrue but also by declaring something they believe to be true when it is not. This includes situations where the person falsely declares a belief that they do not hold.
Illustrative Scenarios
- Scenario 1:
A falsely swears in a court that he heard Z admit that B’s claim of one thousand rupees is valid, knowing that this is untrue. A is guilty of giving false evidence under this section. - Scenario 2:
A, under oath, states that he believes a certain signature belongs to Z, even though he doesn’t actually believe it. In this case, A has made a false statement, thus giving false evidence. - Scenario 3:
A, without knowledge of whether Z was at a particular place on a given day, falsely claims under oath that he knows Z was there. A is guilty of giving false evidence. - Scenario 4:
A, as an interpreter, provides an incorrect translation or interpretation of a statement or document that he is legally bound to translate truthfully. Since A knows the translation is incorrect, A has given false evidence.
Legal Implications of Giving False Evidence
- Punishment for False Evidence:
Under the law, giving false evidence can lead to serious legal consequences, including criminal charges. While this section specifically defines what constitutes false evidence, it may be covered under more stringent sections in the IPC or similar legal frameworks, depending on the circumstances. - Impact on Legal Proceedings:
False evidence disrupts the course of justice and undermines the integrity of legal proceedings. For instance, giving false testimony in court or making false claims in legal documents can severely harm the outcome of cases, affecting the rights of parties involved.
Explanation of Illustrations
- Illustration (a): A swears falsely in court about hearing Z admit to a debt, even though this is a lie. A’s testimony is false and is considered false evidence.
- Illustration (b): A, under oath, claims to believe a signature is that of Z, even though A knows it is not. A is guilty of giving false evidence by stating a belief that is not true.
- Illustration (d): A makes a false claim under oath, stating he knows that Z was in a particular place when, in fact, A has no such knowledge. This constitutes false evidence, even if Z’s presence is true or false.
- Illustration (e): A, acting as an interpreter, knowingly translates a document inaccurately but certifies it as true. A is guilty of giving false evidence due to the false interpretation.
Conclusion
Section 227 of the Bharatiya Nyaya Sanhita, 2023 criminalizes the act of giving false evidence by individuals who are legally bound to provide truthful information under an oath or other legal obligations. It emphasizes the importance of honesty and integrity in legal proceedings, holding accountable those who intentionally misrepresent facts, whether through oral statements, written documents, or translations. Those found guilty of giving false evidence can face severe legal consequences, including imprisonment and fines.
