Examine Laws 196 And 199

Legal Provisions of Department 191 of Indian Penal Code, 1860.

Giving false evidence:

This section defines the offence of giving false evidence which in pop parlance is known as perjury, a discussion non used by the Indian Penal Code' The section says that whoever is legally bound to state the truth, either by an oath or by any express provision of law, or is bound by law to brand a declaration upon whatever subject, makes whatever fake statement, and about which he has either knowledge that it is false or believe that information technology is faux, or he does not believe the statement to exist true, is guilty of giving imitation evidence.

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There are two explanations given in the section the starting time of which states that a statement under this section may be verbal or any other kind of statement. According to the second explanation, a faux statement as to the belief of the person attesting is covered past this section, and, therefore, a person is guilty of giving imitation evidence where he states that he believes something which he actually does not believe, or where he states that he knows something which actually he does non know.

The section requires that the person against whom a charge of giving false evidence is made must be legally spring to country the truth either by an oath or past an express provision of police, or he must be bound by law to make a announcement upon whatsoever subject. The argument made must be a false statement, and the maker of the statement must either know information technology to be false, or must believe it to exist simulated, or does not believe it to be true. It is not necessary that the fake statement made must have any begetting upon the matter in issue.

Adjuration

Co-ordinate to section 51 of the Lawmaking, the word 'adjuration' includes a solemn affirmation substituted by law for an oath, and whatsoever announcement required or authorised past law to be made earlier a public servant or to be used for the purpose of proof, whether in .a courtroom of justice or not.

As is clear, the definition is not an exhaustive one but is an inclusive definition. Section 8, Oaths Act, 1969 requires that every person giving evidence on any subject before any court is jump to state the truth. The Calcutta Loftier Court is of the opinion that the offence of giving faux prove may be committed even though the person giving testify has neither been sworn nor affirmed. Simply the Allahabad High Courtroom does not subscribe to this view.

In Abet Full general, High Court of Karnataka five. Chidambara, there was an awarding to dismiss the order on a compromise petition allegedly signed by the impersonating respondents instead of the real respondents in a writ entreatment. There was an access by the accused on adjuration that some persons had impersonated the real contesting respondents in the writ appeal.

Subsequently, however, in suo motu proceedings for contempt of court, the accused stated that he had given a fake statement in the course of those proceedings when his sworn statement was being recorded. The Karnataka High Court held that the human action of the accused amounted to commission of the offence of giving false evidence.

Jurisdiction

If a affair is beingness heard by a court which has no jurisdiction to hear the aforementioned, fake statement made during the course of such proceedings does not attract section 191 of the Lawmaking.

Limited provision of law

Where one is spring by an express provision of law to state the truth, even though he is non bound by an adjuration, making a false statement makes him liable. Express provision of police may exist whatsoever law which specifically binds a person to state the truth. The Supreme Courtroom has held in Ranjit Singh 5. State, that a person who is jump by an express statement through a simulated affirmation in the court, is guilty of giving false evidence.

Announcement upon any bailiwick

This department is applicable when one is bound by law to brand a announcement upon any subject area and makes a faux argument every bit stated in the section. The expression 'any subject' has been used in the sense of that subject field on which 1 is bound by law to make a announcement. Information technology does not hateful any subject which has absolutely no connexion with the example concerned. The law sometimes requires a declaration to be made with respect to a matter and in such a case a false declaration volition make one liable if other requirements of the section are met.

Knows or believes to be false or does not believe to exist true

The accused must know the statement to exist fake or he must believe it to be false or he must not believe it to be true. Swearing at a fact without knowing at the time whether information technology is truthful or false will brand him liable when the statement in fact is simulated.

Ii contradictory statements

When a person makes ii contradictory statements one of these is bound to exist false. But that in itself does not make him liable. The prosecution has the responsibility to establish positively as to which of them is imitation before he can exist held guilty of the aforementioned. This seems to be the view in England. But in India, illustration (c) of section 221, Code of Criminal Process, 1973 says—'A states on oath before the magistrate that he saw В hit С with a society. Before the sessions courtroom A states on oath that В never striking C. A may be charged in the alternative and convicted of intentionally giving false prove, although it cannot be proved which of these contradictory statement was simulated'.

Thus, where a person makes on statement nether department 164, Lawmaking of Criminal Process, 1973 and another diametrically contrary 1 in court during inquiry or trial, he could exist charged for giving fake bear witness. But the Supreme Court has held in Ramchandran v. State, and Balak Ram five. State, and the Andhra Pradesh Loftier Court in the case of In re B. Arjunappa that such testify must be approached with caution in view of the fact that the accused feels tied to his previous statement nether department 164.

Illegality of a trial

The Calcutta and Madras High Courts take held that where false prove has been given in course of a trial, but a retrial has been ordered in view of an irregularity in that trial, the accused is liable for the same as obligation to state the truth exists always. But the Bombay High Court disagreed with this point of view where the proceedings had been annulled as no sanction for the prosecution had been given, and thus the previous proceedings could not be chosen judicial proceedings earlier which the before evidence was given.

The Supreme Court has observed in S.P. Kohli v. High Court of Punjab and Haryana that it is now most settled that court must sanction prosecution for the offence of giving faux evidence only when false prove has been given deliberately on a matter of substance and that in that location is every probability of an order of conviction by the court in the matter.

Examine Laws 196 And 199,

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