Bharatiya Nyaya Sanhita, 2023
Section 227
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. 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.
Why this exists
This provision, carried forward from Section 191 of the old Indian Penal Code, exists to protect the integrity of judicial and legal proceedings. Courts, government bodies, and official processes rely on people speaking truthfully under oath, legal duty, or declaration. Without a clear definition of what counts as 'false evidence,' it would be difficult to punish perjury or dishonest declarations. The provision focuses not just on objective truth, but on the person's own knowledge or belief — recognizing that an honest mistake is different from a deliberate lie.
How courts read it
Indian courts, interpreting the identical predecessor provision (Section 191, IPC), have consistently held that the essential ingredient of false evidence is the deliberate or reckless assertion of something the person does not honestly believe to be true — mere inaccuracy or an honest mistaken belief does not amount to false evidence. Courts have repeatedly distinguished between honest error (illustration (c) type situations) and knowing falsehood (illustrations (b), (d) type situations), emphasizing that the prosecution must prove the accused's actual state of mind at the time of making the statement.
Common misconceptions
- Myth: Being factually wrong in court testimony always counts as false evidence.
Fact: The law focuses on the person's honest belief at the time. If someone genuinely believed their statement was true, being factually incorrect does not make it false evidence (see illustration (c)). - Myth: False evidence only applies to spoken courtroom testimony.
Fact: Explanation 1 makes clear the statement can be verbal or otherwise, and the section applies to declarations, translations, and other legally binding statements too.