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Section 191 - Giving False Evidence (Perjury)

Section 191 defines the offense of perjury or giving false evidence. To be guilty of this offense, a person must (1) be legally bound by oath or law to tell the truth; (2) make a statement that is false; and (3) know or believe the statement is false or does not believe it is true. A false statement of belief is considered perjury. Giving false evidence is contempt of court and requires sanctioning of the accused. For example, stating a signature is someone's handwriting when not believing it to be true would constitute perjury.

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271 views2 pages

Section 191 - Giving False Evidence (Perjury)

Section 191 defines the offense of perjury or giving false evidence. To be guilty of this offense, a person must (1) be legally bound by oath or law to tell the truth; (2) make a statement that is false; and (3) know or believe the statement is false or does not believe it is true. A false statement of belief is considered perjury. Giving false evidence is contempt of court and requires sanctioning of the accused. For example, stating a signature is someone's handwriting when not believing it to be true would constitute perjury.

Uploaded by

yash
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Section 191 -Giving false evidence (perjury)

INTRODUCTION
A statement within the meaning of this section may be verbal or written
a false statement as to the belief of the person testing is a false
statement if a person states that he knows a thing which is a fact he
does not know such person may be guilty of giving false evidence

DEFINITION
Giving false evidence.—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

INGREDIENTS OF SEC 191


The offence under this section involve three ingredients:-

!. Person must be legally bound


● By oath or an express provision of law to state the truth

● To make a declaration upon any subject


H. He must make a false statement

I. He must
● know or believe it to be false

● Not believe it to be true

EXPLAINATION
The very essence of the offence or giving false evidence or perjury
consist in attempt to mislead and deceive the court giving a false
evidence is the practice of play fraud upon the court by making it
believe as true that which the department does not believe to be true .
The offence is thus a contempt of court and the criminal procedure
code and therefore require that it much sanction appreciation of
accused

ILLUSTRATION
For instance A being bound by oath to state the truth state that he
believes certain signature to be the handwriting of Z when he does not
believe it to be the handwriting of Z. Here he states that which he
knows to be false and therefore gives false evidence.

Case law
Advocate general High Court of Karnataka vs. Chidambara 2004

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