Tuesday, 10 April 2012

Perjury - False Affidavits, Statements, False Pleadings etc

Offences - Perjury - False Affidavits, Statements, False Pleadings etc

Section 191. 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.

Sr. No.
Ingredients of the offence / Facts to be Proved
The facts of the case
1
The Person accused was legally bound by an oath

or

The Person accused was legally bound by an express provision of law

to state the truth, or

The Person accused was legally bound by law to make a declaration upon a subject; and

2
The said Person had made false statement on oath, or had made false declaration; and

3
It must be shown that the said Person was very much aware that he was making a false statement / declaration under the law.




Section 192. Fabricating false evidence Whoever causes any circumstance to exist or makes any false entry in any book or record, or makes any document containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding, is said "to fabricate false evidence".

Illustrations
(a) A, puts jewels into a box belonging to Z, with the intention that they may be found in that box, and that this circumstance may cause Z to be convicted of theft. A has fabricated false evidence.

(b) A makes a false entry in his shop-book for the purpose of using it as corroborative evidence in a Court of Justice. A has fabricated false evidence.

(c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in imitation of Z's handwriting, purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter in a place which he knows that the officers of the Police are likely to search. A has fabricated false evidence.

Sr. No.
Ingredients of the offence / Facts to be Proved
The facts of the case
1
The Person accused had caused a circumstance to have existed

or

The Person accused had made a false entry in a book or record,

or

The Person accused had made a document containing a false statement; and

2
It must be shown that the said Accused Person had caused such circumstance, or had made said false entry or false statement with the purpose that said circumstances, false entry or false statement would be relied as evidence in a judicial proceeding, or would be relied in a proceeding taken by law before a public servant, or before an arbitrator; and


3
It must be shown that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding.




Section 193. Punishment for false evidence: Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine,

and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Explanation 1- A trial before a Court-martial; 101 is a judicial proceeding.

Explanation 2- An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.

Illustration
A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a state of a judicial proceeding, A has given false evidence.

Explanation 3- An investigation directed by a Court of Justice according to law, and conducted under the authority of a Court of Justice, is a state of a judicial proceeding, though that investigation may not take place before a Court of Justice.

Illustration
A, in any enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding. A has given false evidence.

Section 196. Using evidence known to be false: Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.

Sr. No.
Ingredients of the offence / Facts to be Proved
The facts of the case
1
The Person accused had used or had attempted to use, a piece of evidence, oral or documentary; and

2
The said Person was very well aware that the piece of evidence which he is using as evidence, is false or is fabricated.



Section 197. Issuing or signing false certificate: Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence.

Sr. No.
Ingredients of the offence / Facts to be Proved
The facts of the case
1
The Person accused had issued a certificate, which is required by law to be given, or which is relating to any fact of which such certificate is by law admissible in evidence,

or

The Person accused had signed a certificate which is required by law to be signed or which is relating to any fact of which such certificate is by law admissible in evidence,

and

2
The said Person whilst issuing or signing said certificate, was very well aware that such certificate was false in any material point.



Section 198. Using as true a certificate known to be false: Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.

Sr. No.
Ingredients of the offence / Facts to be Proved
The facts of the case
1
The Person accused had used or had attempted to used, a certificate as true certificate; and

2
The said Person was very well aware that the said certificate is false on a material point.



Section 199. 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 of Justice, or any public servant or other person, is bound or authorized 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.

Sr. No.
Ingredients of the offence / Facts to be Proved
The facts of the case
1
The Person accused had made false statement in the declaration; and

2
The said declaration is generally received as evidence in the Court of law, or is received as evidence before any Public Servant or before any other person; and

3
The said Court of law or Public Servant or other Person is bound or is authorized to receive said declaration as a piece of evidence, to prove or disprove a fact; and

4
It must be shown that the accused Person was very well aware that (a) he is making a false statement in the declaration, or (b) the statement which he is making is not true; and

5
It must further be shown that the false statement which was made, had rational nexus with the object of the declaration which was made by the accused person,

or to say,

It must further be shown that the false statement which was made, was touching the main object for which the declaration was made by the accused person.



Section 200. Using as true such declaration knowing it to be false: Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.

Explanation- A declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of sections 199 to 200.

Sr. No.
Ingredients of the offence / Facts to be Proved
The facts of the case
1
The Person accused had used or had attempted to used, a declaration as true declaration; and

2
The said Person was very well aware that the said declaration is false on a material point.



Section 201. Causing disappearance of evidence of offence, or giving false information to screen offender: Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false; if a capital offence- shall,

if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

if punishable with imprisonment for life- and if the offence is punishable with 104[imprisonment for life], or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;

if punishable with less than ten years' imprisonment- and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one -fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both.

Illustration
A, knowing that B has murdered Z, assists B to hide the body with the intention of screening B from punishment. A is liable to imprisonment of either description for seven years, and also to fine.


Sr. No.
Ingredients of the offence / Facts to be Proved
The facts of the case
1
The Person accused was reasonably aware that an offence of _____ has been committed; and

2
It must be shown the act or omission of the accused which would reflect that the accused had caused the disappearance of the evidence of said offence; and

3
It must further be shown the conduct of the accused which would suggest that accused person, by causing the disappearance of those evidences,

was intending to save an offender of law from legal punishment, or

the said accused, whilst intending to save an offender of law from legal punishment, gives any information respecting the offence which he knows or believes to be false.




Section 191 of Indian Penal Code declares that when a person, who is under legal obligation, either on oath or under any provision of law, to state the truth, to declare upon any subject, knowingly makes false statement, the statement which he believes that it is false or he believes that it is not true, commits the offence under this section.

The punishment for this offence is imprisonment which may extend to Seven years, and will also be fined.

Case Law: Offences relating to making false statement in the sworn Affidavits comes within the purview of this section.
Kori Gope versus Manmohan Das, AIR 1928 Pat 161 : 29 CrLJ 111 : 106 IC 703
Ranjit Singh versus State of PEPSU, AIR 1959 SC 843 : 1959 CrLJ 1124

Written statements and applications: A person filing a written statement is bound by law to state the truth and if he makes a statement which is false to his knowledge or belief, or which he believes not to be true, he is guilty of this offence. Mehrban Singh (1884) 6 All 626, Padam Singh, (1930) 52 All 856.

***** Perjury – Chajooram versus Radhesham AIR 1971 SC 1367.


Section 196 of Indian Penal Code declares that When a person give or attempt to give any evidence as true or genuine evidence, knowing that the evidence he is giving is false or fabricated, to obstruct in the course of justice, commits the offence under this section.

The punishment for this offence is imprisonment which may extend to Seven years, and will also be fined.

Section 199 of Indian Penal Code declares that when a person, voluntarily makes a declaration to a Court or to any public Servant, who are bound to take such declaration as evidence, and the person knowingly makes false statement in such declaration, the statement which he believed it to be false or he believed it to be not true. Also, the false statement so made must touch a point material to the object of such declaration, commits the offence under this section.

The punishment for this offence is imprisonment which may extend to Seven years, and will also be fined.

Case Law: False Affidavit: M S Jaggi 1983 CrLJ 1527 (Ori)
Deputy GM Inter State Bus Terminal versus SmtSudarshanKumari, 1997 CrLJ 1931 (SC) : AIR 1997 SC 1902 : 1997 (3) SCC 496 : Gadhi versus Krishnaraja, 2000 CrLJ 1590 (Mad)
Baddu Khan versus Emperor, AIR 1928 All 182 : 29 CrLJ 336


Sections 191, 193, 107, 40, 43 of IPC – perjury – (2011) 12 SCC 588

Section 340 / 195 of CrPC – merely because some statements were false does not amount to perjury – (2011) 12 SCC 640.

Section 192 – False evidence – false statement – 2011 (1) AIR Bom R 111 – Paras 19, 28 to 36.

Section 193, 199 read with 195 of CrPC – false evidence – PrabhakarRamchandra versus State of Maharashtra – 2010 (3) Bom CR (Cri) 154

Section 199 – Maharashtra State Electricity versus DatarSwithgear – 2010 AIR SCW 6151

False statement in quasi judicial proceedings – (2012) 2 SCC 60 – Paras 10 to 14

Section 193 IPC and 344 IPC
M S Sheriff v The State of Madras and Ors AIR 1954 SC 397

(2003) 7 SCC 175 – Pleadings of evidence – false pleadings in evidence – when can render the person verifying the pleadings, liable for perjury and contempt of the court.


Offences under these sections are special kind of offences and FIR or private complaint cannot be made against the person who is alleged to have committed this offence. The remedy is to prefer an Application u/s 340 r/w 195 of CrPC, 1973, before the concerned Public Servant / Judicial authority, to cause them, or to refer the above stated offence, to the competent Magistrates Court of jurisdiction.

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