Perjury

What is Perjury?

**Perjury** is the criminal offence of intentionally giving **false evidence** or making a **false statement under oath** in a judicial proceeding. When a person who is legally bound to tell the truth — whether as a witness, a party to a case, or a deponent of an affidavit — deliberately lies or misrepresents facts, they commit perjury.

In simple terms, perjury is lying under oath in court or in a legal document. If you take an oath to tell the truth and then intentionally say something false, or if you file an affidavit containing statements you know to be untrue, you have committed perjury. It is a serious criminal offence because the entire justice system depends on truthful evidence — a single false statement can lead to wrongful convictions, unjust acquittals, or miscarriage of justice.

Legal Framework

Perjury in India is governed by the Indian Penal Code, 1860 (IPC) and its successor, the Bharatiya Nyaya Sanhita, 2023 (BNS):

Indian Penal Code, 1860

- **Section 191 (Giving false evidence):** A person is said to give false evidence if, being legally bound by oath or by an express provision of law to state the truth, they make any statement that is false and that they know or believe to be false, or do not believe to be true.

- **Section 192 (Fabricating false evidence):** A person is said to fabricate false evidence if they cause any circumstance to exist or make any false entry in a record or document, with the intent that such circumstance, entry, or statement may appear in evidence and mislead the court.

- **Section 193 (Punishment for false evidence):** Whoever intentionally gives false evidence 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**. If false evidence is given in any other proceeding, imprisonment may extend to **three years** and fine.

- **Section 195 (Giving or fabricating false evidence with intent to procure conviction of a capital offence):** If the false evidence is given with the intention of procuring the conviction of a person for an offence punishable with death or imprisonment for life, the punishment may extend to the same punishment as the offence for which the person was sought to be convicted.

- **Section 196 (Using evidence known to be false):** Whoever corruptly uses or attempts to use evidence known to be false or fabricated is punished as if they had given or fabricated false evidence.

Bharatiya Nyaya Sanhita, 2023 (BNS)

- **Section 229 (Giving false evidence):** Corresponds to Section 191 IPC.

- **Section 230 (Fabricating false evidence):** Corresponds to Section 192 IPC.

- **Section 232 (Punishment for false evidence):** Corresponds to Section 193 IPC — punishment up to seven years and fine for false evidence in judicial proceedings, up to three years for other proceedings.

- **Section 234:** Corresponds to Section 195 IPC — enhanced punishment for false evidence intended to procure conviction for capital offences.

Procedural Framework

- **Section 340 CrPC (Section 378 BNSS):** Provides the procedure for courts to take action against perjury. If a court is of the opinion that it is expedient in the interests of justice to inquire into an offence of perjury, it may, after preliminary inquiry, make a complaint to a Magistrate.

- **Section 195(1)(b) CrPC (Section 215 BNSS):** No court shall take cognizance of an offence of perjury except on the complaint in writing of the court in which the false evidence was given or the public servant concerned. This is a crucial safeguard — a private person cannot directly file an FIR for perjury; only the court can initiate the process.

Landmark Cases

- **Iqbal Singh Marwah v. Meenakshi Marwah (2005) 4 SCC 370:** The Supreme Court held that under Section 340 CrPC, the court has the discretion to initiate perjury proceedings but is not obligated to do so in every case where false evidence is alleged.

- **K.T.M.S. Mohd. v. Union of India (1992) 3 SCC 178:** The Supreme Court observed that perjury has become a common practice in Indian courts and emphasized the need for stricter action.

- **Chajoo Ram v. Radhey Shyam (1971) 1 SCC 774:** The Supreme Court explained the scope of Section 195 CrPC and the bar on private complaints for perjury.

- **Dalip Singh v. State of U.P. (2010) 2 SCC 114:** The Supreme Court expressed concern over the rampant practice of litigants making false statements in courts and called for systemic reforms.

Elements of Perjury

For a charge of perjury to be established, the prosecution must prove:

1. Legal Obligation to Tell the Truth

The person must have been **legally bound** to state the truth — either by an oath administered under the Oaths Act, 1969, or by an express provision of law. Casual statements not made under oath do not attract perjury charges.

2. Statement of Fact

There must be a **statement of a fact** — not merely an opinion or an inference. The statement must be specific and identifiable.

3. Falsity

The statement must be **objectively false** — meaning it does not correspond with the truth.

4. Knowledge of Falsity

The person must have **known** the statement to be false, or must not have **believed** it to be true. This is the mens rea (mental element) of perjury. An honest but mistaken statement does not constitute perjury — the falsity must be deliberate.

5. Made in a Proceeding

The statement must have been made in the course of a **judicial proceeding** (for the higher punishment under Section 193) or some other proceeding authorized by law.

Types of False Evidence

1. Oral Perjury

Giving false testimony as a witness in court — lying during examination-in-chief or cross-examination.

2. Written Perjury

Filing false affidavits, making false declarations in pleadings, or submitting fabricated documents in court proceedings.

3. Fabrication of Evidence

Creating false documents, tampering with evidence, or causing false circumstances to exist that may mislead the court. This is covered under Section 192 IPC (Section 230 BNS) and is treated separately from giving false evidence.

When Does This Term Matter?

Witnesses in Court

Every witness who testifies in court takes an oath to tell the truth. If a witness deliberately lies — whether to help or harm any party — they commit perjury. The court, upon discovering false testimony, can initiate proceedings under Section 340 CrPC (Section 378 BNSS).

Filing False Affidavits

Affidavits are sworn statements filed in court proceedings. Filing an affidavit containing false statements is perjury. The Supreme Court has repeatedly warned that filing false affidavits is not only perjury but may also constitute contempt of court.

False FIRs and Complaints

Filing a false FIR or making a false complaint to the police can lead to prosecution for giving false information to a public servant under Section 182 IPC (Section 217 BNS), and if it leads to false evidence in court, for perjury as well.

Fabrication of Documents

Creating forged or fabricated documents and presenting them as evidence in court is one of the most serious forms of perjury. It can lead to charges under Sections 191-193 IPC as well as separate charges for forgery under Sections 463-471 IPC (Sections 336-340 BNS).

Prosecution of Perjury

A unique feature of perjury law in India is the **procedural safeguard** under Section 195(1)(b) CrPC. A private individual cannot directly file an FIR or a criminal complaint for perjury. The process is:

1. The party alleging perjury files an **application** before the court in which the false evidence was given.

2. The court conducts a **preliminary inquiry** under Section 340 CrPC.

3. If satisfied that it is in the interests of justice, the court **files a complaint** before a Magistrate.

4. The Magistrate then takes **cognizance** and conducts the trial.

This procedural requirement ensures that perjury charges are not misused to harass witnesses or litigants, and that the court acts as a gatekeeper.

Frequently Asked Questions

Can an ordinary person file a perjury case directly?

No. Under Section 195(1)(b) CrPC (Section 215 BNSS), only the **court** in which the false evidence was given can initiate perjury proceedings. A private individual can bring the matter to the court's attention through an application under Section 340 CrPC (Section 378 BNSS), but the court has the discretion to decide whether to proceed. If the court decides not to take action, the private party generally cannot pursue the matter independently through a private complaint or FIR.

What is the punishment for perjury in India?

Under Section 193 IPC (Section 232 BNS), giving false evidence in a **judicial proceeding** is punishable with imprisonment up to **seven years** and fine. In other proceedings, the punishment is imprisonment up to **three years** and fine. If the false evidence is given with the intent to procure a conviction for a capital offence or an offence punishable with life imprisonment, the punishment can extend to life imprisonment or even death in certain cases under Section 195 IPC (Section 234 BNS).

Why are perjury prosecutions rare in India?

Despite the serious punishment prescribed by law, perjury prosecutions in India are exceedingly rare. Several factors contribute to this: the procedural requirement that only the court can initiate proceedings acts as a bottleneck; courts are already overburdened and reluctant to add perjury cases to their dockets; proving the deliberate intent to lie (as opposed to honest mistake) is often difficult; and there is a general judicial reluctance to prosecute witnesses, even those who clearly lied. The Supreme Court has repeatedly lamented this state of affairs and called for more vigorous prosecution of perjury.

Is making a false statement in an affidavit the same as perjury?

Yes. An affidavit is a sworn statement — the deponent takes an oath or affirmation to tell the truth. If the deponent intentionally includes false statements in the affidavit, it constitutes giving false evidence under Section 191 IPC (Section 229 BNS) and is punishable under Section 193 IPC (Section 232 BNS). Additionally, filing a false affidavit may amount to contempt of court under the Contempt of Courts Act, 1971.