सं Samvidhan

Indian Penal Code, 1860

Section 181

repealed

False statement on oath or affirmation to public servant or person authorized to administer an oath or affirmation

Whoever, being legally bound by an oath or affirmation to state the truth on any subject to any public servant or other person authorized by law to administer such oath or affirmation, makes, to such public servant or other person as aforesaid, touching that subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Why this exists

This provision is part of a group of IPC sections (Sections 177–182) dealing with offences relating to public servants and the administration of justice. It ensures that when the law requires a person to swear or affirm truthfulness — for example, before a magistrate, in an affidavit, or during an official inquiry — that promise is legally enforceable. Without such a provision, oaths taken before public servants would have no real consequence for dishonesty, undermining the integrity of official proceedings.

How courts read it

Indian courts have clarified that Section 181 applies specifically to statements made under a legally binding oath or affirmation to a public servant or authorized person — it is distinct from Section 193 (false evidence in judicial proceedings). Courts have emphasized that the prosecution must prove the statement was false and that the accused knew or believed it to be false, or did not believe it to be true; mere inaccuracy or honest mistake does not attract liability. The provision has been applied in cases involving false affidavits or declarations submitted to government authorities under oath.

Common misconceptions
  • Myth: This section only applies to lying in court.
    Fact: It applies more broadly — to any false statement made under a legally binding oath or affirmation to a public servant or authorized person, not just in judicial proceedings (which are covered separately under Section 193).
  • Myth: An honest mistake or wrong guess counts as an offence.
    Fact: The person must know or believe the statement is false, or not believe it to be true — genuine errors made in good faith don't attract this section.