What is IPC Section 191?
IPC Section 191 defined the offence of giving false evidence. It applied where a person was legally bound by an oath or by an express provision of law to state the truth, or was bound by law to make a declaration on a subject, and made a statement that was false while knowing or believing it to be false, or not believing it to be true.
Section 191 was part of Chapter XI of the IPC, dealing with false evidence and offences against public justice. It was a definition provision, so the punishment was not contained in Section 191 itself. Section 193 IPC prescribed punishment for intentionally giving or fabricating false evidence.
Important Update: IPC to BNS Transition
With effect from 1 July 2024, the Indian Penal Code was replaced for new offences by the Bharatiya Nyaya Sanhita, 2023. The corresponding provision for giving false evidence is BNS Section 227. The core definition remains substantially the same. Punishment for false evidence is separately provided under BNS Section 229.
Legal Provision — Text of Section 191 IPC
Explanation 1: A statement may be made verbally or otherwise. Explanation 2: A false statement about the belief of the person making the statement can also amount to giving false evidence where the person says that they believe or know something that they do not actually believe or know.
Section 191 itself did not prescribe a sentence. The punishment provision was Section 193 IPC, which distinguished false evidence given in a judicial proceeding from false evidence in other cases.
Punishment Connected with Section 191
| Definition Provision | Section 191 defined giving false evidence; it did not prescribe punishment itself |
|---|---|
| Punishment in Judicial Proceeding | Under Section 193 IPC: imprisonment up to 7 years and fine |
| Punishment in Other Cases | Under Section 193 IPC: imprisonment up to 3 years and fine |
| Nature of Offence | Classification depends on the applicable punishment provision and circumstances |
| Bailable / Non-Bailable | Section 193 was historically bailable; the exact classification depended on the applicable limb |
| Triable By | For false evidence in a judicial proceeding, historically the Court of Session; other cases were triable by a Magistrate of the First Class |
| BNS Equivalent | Section 227 for the definition; Section 229 for punishment |
Section 191 should therefore not be described as having an independent punishment. The substantive punishment for intentionally giving false evidence came from Section 193 IPC.
Key Ingredients / Essential Elements
For conduct to fall within Section 191, the following elements were important:
Legal Duty to State the Truth
The person must be legally bound by an oath or an express provision of law to state the truth.
Legal Duty to Make a Declaration
The provision also covered a person legally bound to make a declaration on a particular subject.
False Statement
The person must make a statement that is false. The statement may be verbal or made in another form.
Knowledge or Belief of Falsity
The person must know or believe the statement to be false, or must not believe the statement to be true.
Statement Made in a Legally Relevant Context
The false statement must arise in circumstances where the law imposes the relevant duty to tell the truth or make the declaration.
What Should You Do — For Complainants and Accused
False-evidence allegations can arise in court proceedings, affidavits, declarations and other legally regulated statements. The exact document, oath, legal duty and surrounding circumstances are important.
If You Believe False Evidence Was Given
- Preserve the original document, affidavit, deposition or other statement.
- Identify the exact statement that is allegedly false and explain why it is false.
- Collect reliable documents or records that contradict the statement.
- Obtain legal advice before initiating proceedings, particularly where the statement was made in a court proceeding.
If You Are Accused of Giving False Evidence
- Preserve the documents and records showing the context in which the statement was made.
- Check whether you were legally bound to state the truth or make the declaration.
- Examine whether the statement was actually false and whether the prosecution can establish the required mental element.
- Take legal advice promptly, especially where the allegation concerns a judicial proceeding.
False Statement vs Honest Mistake
Section 191 focused on a statement that the person knew or believed to be false, or did not believe to be true. An honest mistake, misunderstanding or genuinely held belief does not automatically satisfy these requirements.
Complaint & Court Process Under Section 191
Identify the False Statement
The alleged false statement, the document or testimony containing it, and the circumstances in which it was made are identified.
Establish the Legal Duty
The relevant oath, statutory requirement or legal obligation requiring the person to state the truth or make the declaration is examined.
Examine Knowledge or Belief
The circumstances must be assessed to determine whether the person knew or believed the statement to be false, or did not believe it to be true.
Appropriate Legal Proceedings
Where the allegation relates to a judicial proceeding, the applicable procedural requirements for prosecution for false evidence must be followed.
Court Proceedings
The court considers the statement, the legal duty, the evidence showing falsity and the required mental element under the applicable offence.
Important / Landmark Principles on False Evidence
Courts generally require strict proof because an allegation of false evidence concerns the administration of justice. The surrounding record, the exact statement and the person's knowledge or belief are important.
Chajoo Ram v. Radhey Shyam (1971)
The Supreme Court considered prosecution for perjury and emphasised that proceedings for giving false evidence should be initiated with care.
M.S. Ahlawat v. State of Haryana (2000)
The Supreme Court discussed the statutory procedure for offences affecting the administration of justice and the restrictions applicable to prosecution for false evidence relating to court proceedings.
Material and Deliberate Falsehood
A minor discrepancy or innocent mistake should not automatically be treated as intentional false evidence.