Bharatiya Nyaya Sanhita, 2023
Section 236
False statement made in declaration which is by law receivable as evidence
Whoever, in any declaration made or subscribed by him, which declaration any Court or any public servant or other
person, is bound or authorised by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.
Why this exists
Many legal and administrative processes rely on sworn declarations or affidavits rather than live testimony - for instance, statutory declarations, self-certifications, and similar documents. This provision, earlier Section 199 of the Indian Penal Code, 1860, ensures such written declarations carry the same legal weight and risk as spoken evidence, so people cannot escape perjury liability simply because they lied on paper instead of in the witness box.
Common misconceptions
- Myth: Lying on a form is less serious than lying in court because no one swore you in.
Fact: If the declaration is one the law requires an authority to accept as evidence, a false statement in it is punished exactly like false evidence given in court.