Section 191 IPC: Giving False Evidence in India

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Section 191 IPC: Giving False Evidence in India

1. Code:

Section 191 of the Indian Penal Code (IPC) deals with the offense of giving false evidence.

2. Explanation:

This section states that whoever, being legally bound to state the truth, gives false evidence in any judicial proceeding, or in any other proceeding where evidence is legally taken, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

The essential elements of this offense are:

Legal Obligation to State the Truth: The accused must have been legally bound to state the truth, meaning they were under a legal duty to provide truthful testimony or evidence.
False Evidence: The accused must have given false evidence, meaning they knowingly and intentionally provided false information or concealed the truth.
Judicial Proceeding or Other Proceeding: The false evidence must have been given in a judicial proceeding, such as a trial, or in any other proceeding where evidence is legally taken, such as a departmental inquiry.

3. Illustration:

A witness in a murder trial is asked by the court whether he saw the accused at the scene of the crime. He knowingly gives false evidence by stating that he did not see the accused, even though he actually did. This would be considered a violation of Section 191 IPC.

4. Common Questions and Answers:

What is the difference between giving false evidence and perjury?

Perjury is a more specific offense that applies only to false statements made under oath in a judicial proceeding. Section 191 IPC is a broader offense that covers false evidence in any proceeding where evidence is legally taken.

Also Read CrPC Section 394: Abatement of Appeals - Understanding Legal Implications

Can a person be charged under both Section 191 IPC and the perjury law?

Yes, a person can be charged under both sections if the circumstances warrant it. However, they cannot be convicted of both offenses for the same act.

What are the consequences of being convicted under Section 191 IPC?

Conviction under this section carries a penalty of imprisonment up to seven years and a fine. It also has serious implications for the accused’s reputation and credibility.