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.
Explanations
- A statement is within the meaning of this section whether it is made verbally or otherwise.
- 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, 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’ claim. A has given false evidence.
- 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.
- A, knowing the general character of Z’ 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’ 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.
- 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.
- 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.
IPC Section 191: Simplified Explanation
Section 191 of the Indian Penal Code (IPC) deals with the offence of giving false evidence. It states that whoever, being legally bound by an oath or by any express provision of law to state the truth, makes a false statement that he knows or believes to be false is said to give false evidence. This offence pertains to situations where an individual deliberately provides false information or testimony while under oath in any judicial proceeding, which can significantly impact the course of justice.
Key Points:
- Legally Bound: The person must be legally obligated to speak the truth, either by an oath or a legal provision.
- False Statement: The statement made must be knowingly false or believed to be false by the person making it.
- Judicial Proceeding: This typically occurs within the context of a judicial proceeding.
Is IPC Section 191 bailable?
No, IPC Section 191 is not bailable. This means that if a person is accused of giving false evidence under this section, they are not entitled to bail as a matter of right. They would need to apply for bail, and it would be at the discretion of the court to grant it based on the circumstances of the case.
IPC Section 191 Punishment
The punishment for giving false evidence under IPC Section 191 is specified in Section 193 of the IPC. It states that whoever gives false evidence in any stage of a judicial proceeding or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding shall be punished with imprisonment of either description for a term that may extend to seven years and shall also be liable to a fine. If the false evidence is given or fabricated with the intent to procure a conviction of a capital offence, the punishment may extend to imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to a fine.
Example of IPC Section 191
A real-life example of IPC Section 191 would be a situation where a witness in a murder trial knowingly provides false testimony to the court. Suppose a witness, under oath, states that they saw the accused committing the murder, while in reality, they did not witness the event and knew this statement to be false. If it is proven that the witness gave this false evidence, they would be charged under IPC Section 191 for giving false evidence, and upon conviction, they would face the prescribed punishment under Section 193.
