Section 199 IPC - False Statement in Declaration Receivable as Evidence
Section 199 of the Indian Penal Code, 1860 dealt with materially false statements made in declarations which a Court of Justice, public servant or other person is bound or authorised by law to receive as evidence of a fact.
Section 199 IPC - Statutory Provision
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 authorised 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.
Essential Ingredients of Section 199 IPC
- Declaration made or subscribed by the person: the false statement must occur in a declaration made or subscribed by the accused.
- Legally receivable as evidence: a Court of Justice, public servant or other person must be bound or authorised by law to receive that declaration as evidence of a fact.
- False statement: the declaration must contain a statement that is false.
- Required mental element: the maker must know or believe the statement to be false, or must not believe it to be true.
- Materiality: the false statement must touch a point material to the object for which the declaration is made or used.
- Punishment: the offender is punished in the same manner as if he gave false evidence.
What Is a Declaration Receivable as Evidence?
Section 199 does not apply merely because a statement is written in a document described as a declaration. The declaration must be one which a Court of Justice, a public servant, or another person is bound or authorised by law to receive as evidence of a fact. The legal basis on which the declaration is receivable is therefore an important part of the statutory test.
Knowledge, Belief and Lack of Belief in Truth
The section describes three forms of the required mental state. The maker may know the statement is false, believe it is false, or not believe it to be true. A prosecution under Section 199 therefore requires the applicable statutory mental element and not merely proof that a statement later turned out to be incorrect.
Material Point in the Declaration
The false statement must touch a point material to the object for which the declaration is made or used. An immaterial inaccuracy does not satisfy this part of the statutory wording. Materiality must be assessed in relation to the purpose and use of the particular declaration.
Punishment Under Section 199 IPC
| Conduct | Statutory consequence |
|---|---|
| Making the qualifying materially false statement in a declaration with the required knowledge or belief | Punished in the same manner as if the offender gave false evidence |
The punishment is therefore linked to false evidence. Section 193 IPC contained the general punishment provisions for false evidence, with the applicable punishment depending on the circumstances addressed by that section.
Section 199 and Section 200 IPC - Difference
Section 199 concerns the person who makes or subscribes the qualifying declaration containing a materially false statement with the required mental element. Section 200 IPC separately addresses corruptly using or attempting to use as true a declaration of the kind described in Section 199 while knowing it to be false in a material point.
Sections 197-200 IPC - How They Relate
| Section | Subject |
|---|---|
| Section 197 | Issuing or signing a qualifying certificate known or believed to be false in a material point. |
| Section 198 | Corruptly using or attempting to use such a certificate as true while knowing it to be materially false. |
| Section 199 | Making a materially false statement in a declaration legally receivable as evidence, with the prescribed mental element. |
| Section 200 | Corruptly using or attempting to use such a declaration as true while knowing it to be materially false. |
Procedural Context Before BNSS
Section 199 IPC formed part of Chapter XI dealing with false evidence and offences against public justice. Under the Code of Criminal Procedure, 1973, procedural restrictions on cognizance could apply to specified offences against public justice in circumstances defined by Section 195 CrPC. The precise procedural route depends on the offence alleged and its connection, if any, with a proceeding in a court.
Pre-BNS Legal Position
This page describes Section 199 IPC and the associated pre-BNSS criminal procedure framework before commencement of the Bharatiya Nyaya Sanhita, 2023. Where conduct or proceedings span the transition to the new criminal laws, the applicable repeal, saving and transitional provisions should be considered separately.
Legal information: This article provides general statutory information and does not substitute for legal advice concerning a particular declaration, evidentiary issue or criminal proceeding.