Perjury – Meaning and Scope
Perjury refers to the offence of giving false evidence under oath during judicial proceedings. Under Section 191 of the Indian Penal Code (IPC), a person commits perjury when they intentionally make a false statement, knowing it to be untrue, or omit information when legally required to disclose it. The law treats perjury as a serious crime because truthful testimony is the foundation of justice. Perjury can occur at any stage of a judicial process—before a court, a public servant, or any authority legally authorized to take evidence. The essence of the offence lies in the intent to mislead the court, not merely in giving an incorrect statement.
Punishment and Legal Implications
The punishment for perjury is provided under Section 193 IPC, which prescribes imprisonment up to seven years along with a fine. The severity of punishment reflects the gravity of obstructing justice by giving false evidence. Courts emphasize that perjury undermines the fairness of the legal system and can lead to wrongful convictions or acquittals. The law also allows courts to take suo motu action against a witness or party who is found to be deliberately lying. Additionally, perjury proceedings can run alongside or after the main trial, ensuring that offenders cannot escape accountability simply because the primary case has concluded.
Judicial Approach and Necessity
Courts have consistently held that perjury must be dealt with strictly to preserve the integrity of the justice system. Judges are encouraged to initiate proceedings when false evidence is clearly established, especially if it affects the outcome of the case. Perjury is considered a threat to judicial credibility because it distorts factual truth and wastes time and resources. The offence also discourages truthful witnesses from coming forward. Therefore, the courts highlight the need for strong enforcement of Sections 191 and 193 IPC to maintain public confidence in the judiciary and uphold the rule of law.
Real-Time Example
During a civil property dispute, a witness named A swears on oath that he saw the defendant signing a particular agreement. Later, CCTV footage and handwriting experts reveal that the defendant was not present at the location on that day, and the signature was forged. Since A knowingly gave false evidence under oath, the court initiates action under Sections 191 and 193 IPC for perjury. His false statement not only misled the court but could have resulted in an unfair judgment.
Mnemonic to Remember
Mnemonic: “FIO – False, Intentional, Oath.”
- F – False statement
- I – Intent to mislead
- O – Oath-bound testimony
This helps recall the essential elements of Perjury under Sections 191 & 193 IPC.
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