Indian Penal Code, 1860
Section 191
repealedGiving 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.
Why this exists
This section is part of the Indian Penal Code's chapter on offences affecting the administration of justice. It exists because courts, tribunals, and official processes depend on people telling the truth when they swear an oath or are legally required to make honest statements. Without a clear definition of 'false evidence,' it would be hard to prosecute perjury or false declarations reliably. The British colonial drafters modeled this on English common law principles around perjury, adapting them into a codified definition for use across India.
How courts read it
Indian courts have clarified that this section only defines the concept of 'false evidence' — it does not itself prescribe punishment (that comes under Section 193 IPC). Courts have held that mere inaccuracy or an honest mistake is not enough; there must be knowledge of falsity, belief that the statement is false, or lack of genuine belief in its truth. Judgments have emphasized that the prosecution must prove the accused's mental state (mens rea) regarding the falsity, not just that the statement turned out to be wrong.
Common misconceptions
- Myth: Section 191 itself punishes people for lying in court.
Fact: This section only defines what 'false evidence' means. The actual punishment for giving false evidence is laid out separately in Section 193 IPC. - Myth: Any wrong statement in court is 'false evidence' under this law.
Fact: The person must know the statement is false, believe it's false, or not believe it's true. An honest mistake or genuine belief in the truth of a statement does not qualify.