Section Overview
Section Number
IPC Section 191
Section Title
Giving False Evidence
Act
Indian Penal Code, 1860 (IPC)
Status
Active under IPC framework (conceptually continued under Bharatiya Nyaya Sanhita, 2023)
Applicability
IPC Section 191 applies when:
-
A person is legally bound by oath or law to state the truth.
-
The person makes a false statement.
-
The statement is made:
-
In judicial proceedings, or
-
In any proceeding where truth is legally required.
-
-
The person knows or believes the statement is false or does not believe it to be true.
The provision commonly applies in:
-
Court testimony
-
Witness examination
-
Affidavits
-
Judicial inquiries
-
Statements before authorities where oath is required
Original Law Text
“Whoever, being legally bound by an oath or by an express provision of law to state the truth, 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.”
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 191 ka simple matlab hai ki agar kisi person ko law ke under sach bolna mandatory hai (court ya authority ke samne), aur woh jaanbujhkar jhooth bolta hai, to woh false evidence deta hai.
Simple words mein:
“Court ya authority ke samne jhooth bolna, jab sach bolna legally required ho, crime hai.”
Example:
Agar koi witness court mein jhoothi testimony deta hai ki “maine us incident ko nahi dekha” jabki usne dekha tha, to IPC Section 191 apply hota hai.
Punishment & Legal Classification
Punishment
Section 191 itself defines offence; punishment is provided under:
-
IPC Section 193 (Punishment for false evidence)
Punishment under Section 193:
-
Up to 7 years imprisonment and fine (in judicial proceedings)
-
Up to 3 years imprisonment and fine (in other cases)
Bailable / Non-Bailable
Depends on Section 193 classification:
-
Judicial proceedings: Non-bailable (generally serious category)
-
Other cases: May vary depending on court interpretation
Cognizable / Non-Cognizable
-
Judicial false evidence: Cognizable in serious cases
-
Other cases: Generally Cognizable due to seriousness of perjury
Compoundable
Non-compoundable
Triable By
Court where false evidence was given (usually Court of Session or Magistrate depending on case)
IPC ↔ BNS Mapping
IPC Section
IPC Section 191
BNS Equivalent
The concept is retained under Bharatiya Nyaya Sanhita provisions dealing with:
-
False evidence
-
Perjury
-
False statements in judicial proceedings
Status
Conceptually Retained
Protection of judicial truthfulness remains a core principle under modern criminal law.
Real-Life Examples
Example 1: False Court Testimony
A witness lies in court to protect an आरोपी.
IPC Section 191 is attracted.
Example 2: False Affidavit
A person submits a false affidavit in a property dispute.
Section 191 applies.
Example 3: False Statement in Inquiry
A person gives false information in a government judicial inquiry under oath.
Liability under Section 191 arises.
Landmark Judgments
Case Name
CBI v. H.C. Bhatia
Court
Supreme Court of India
Key Takeaway
False statements in judicial proceedings directly interfere with the administration of justice and amount to perjury.
Case Name
M.S. Ahlawat v. State of Haryana
Court
Supreme Court of India
Key Takeaway
Truthfulness in judicial proceedings is essential; false evidence undermines justice delivery.
Case Name
Chajoo Ram v. Radhey Shyam
Court
Supreme Court of India
Key Takeaway
Perjury must be dealt with strictly to preserve credibility of judicial process.
Legal Insights
When Is This Section Applied?
Section 191 is applied when:
-
Witnesses give false testimony
-
False affidavits are filed
-
Statements under oath are incorrect
-
Judicial process is deliberately misled
-
Evidence is fabricated or distorted
Common Misuse Scenarios
Memory Error
Witness genuinely forgets facts.
Misinterpretation
Statement is misunderstood rather than false.
Inconsistent Statements
Variation in statements does not always mean false evidence.
Pressure or Coercion
Statement made under threat or pressure.
Defenses Available
Lack of Knowledge
Statement was not knowingly false.
Genuine Belief
Accused believed statement was true.
No Legal Oath
Statement was not made under legal obligation.
Absence of Intent
No deliberate intention to mislead court.
Procedural Issues
Improper administration of oath or procedure.