Section 191 IPC - Giving False Evidence

Section 191 of the Indian Penal Code, 1860 defined "giving false evidence." It applied where a person legally bound to state the truth, or legally bound to make a declaration, made a false statement while knowing or believing it to be false or not believing it to be true.

Applicable legal period: This article explains Section 191 IPC as applicable before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. Earlier offences and proceedings remain subject to the applicable repeal, saving and transitional provisions.

Section 191 IPC - Statutory Definition

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.

Essential Ingredients of Giving False Evidence

  • Legal obligation to speak the truth: the person must be legally bound by oath or by an express provision of law to state the truth, or be legally bound to make a declaration on a subject.
  • A statement: the person must make a statement. Under Explanation 1, the statement may be verbal or otherwise.
  • Falsity: the statement must be false.
  • Required state of mind: the maker must know or believe the statement to be false, or must not believe it to be true.

False Statement About Belief or Knowledge

Explanation 2 makes clear that Section 191 was not limited to a false assertion about an external fact. A person could give false evidence by falsely claiming a belief that the person did not actually hold, or by claiming knowledge that the person did not possess.

Illustrations to Section 191 IPC

(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.

Good-Faith Belief and Factual Error

Illustration (c) shows an important distinction in the statutory definition. A statement about a person's belief is not false evidence merely because the underlying fact later proves incorrect, where the person genuinely holds the stated belief. Section 191 focuses on the falsity of the statement together with the state of mind specified in the section.

Section 191, Section 192 and Section 193 IPC

Section 191 defined the act of giving false evidence. Section 192 IPC separately defined fabricating false evidence. Section 193 IPC prescribed punishment for intentionally giving false evidence in a stage of a judicial proceeding, fabricating false evidence for use in such a proceeding, and other cases covered by that provision.

Proceedings Relating to False Evidence

Where an alleged offence relating to false evidence was committed in or in relation to a proceeding in a court, the procedural restrictions in Section 195 of the Code of Criminal Procedure, 1973 and the procedure contemplated by Section 340 CrPC could become relevant. Their application depended on the offence alleged and its connection with the court proceeding.

Pre-BNS Legal Position

Section 191 formed part of Chapter XI of the Indian Penal Code, dealing with false evidence and offences against public justice. This page describes the IPC and CrPC legal framework before commencement of the Bharatiya Nyaya Sanhita, 2023. For conduct or proceedings spanning the change in criminal laws, the applicable saving and transitional provisions require separate consideration.

Legal information: This article provides general statutory information and does not substitute for legal advice concerning testimony, declarations, evidence or a particular proceeding.