Unit 2 LOC-II

By Harish Tiwari
Assistant professor
Giving False Evidence -191
Cont…
 It is based on English Law concept of ‘Perjury’,
which means that the offence of willfully telling an
untruth or making a misrepresentation/lying under
the oath or law.
 It is expected from a person giving evidence must
state truth and not lie, if he/she is lying he/she
would be punishable as per the section 193 of The
Indian Penal Code, 1860.
Essential Ingredients of
Section- 191
 1- A person should be legally bound:-
 (i)by an oath, or
 (ii)by an express provision of law to state the truth,
or
 (iii) to make a declaration upon any subject.
 2- he/she should make a false statement and
 3- He /She knows or believes that the statement
false or does not believe the statement true.
Cont…
 Thus the three essential prerequisite conditions
are:
 1. A legal obligation to state truth;
 2. The making of a false statement or declaration;
and
 3. Belief in its falsity.
Case Laws
 Rameshwar Kalyan Singh V State of Rajasthan
AIR 1952 SC it was held that the purpose of
administration of oath is to render person who give
false evidence liable to prosecution and further to
bring home to the witness the solemnity of the
occasion and to impress upon him the duty of
speaking the truth.
Case Laws
 KTMS Mohd v Union of India, AIR 1992 SC it
was held that, the mere fact that a deponent has
made contradictory statements at two different
stages in a judicial proceeding is not by itself
always sufficient to invoke sec. 193, IPC, but it
must be established that the deponent has
intentionally given a false statement in any stage
of the judicial proceeding or fabricating false
evidence for the purpose of being used in any stage
of the judicial proceedings.
Case Laws
 Baban Singh v Jagdish Singh AIR 1967 SC it was
held that an affidavit is a declaration made under
an oath. An affidavit is evidence within the
meaning of section 191 of the IPC and a person
swearing to a false affidavit is guilty of perjury
punishable under section 193 of the IPC.
Fabricating False Evidence
Sec. 192
 Jurisprudential essence of section 192 of the IPC,
is that to prevent the abuse of the process of the
court or public servant/ arbitrator and to maintain
the sanctity of administration of justice.
 The purpose of Section-192 to avoid/prevent the
fabrication of false evidence and to prohibit supply
of wrong information to the court or public
servant/ arbitrator.
Essential Ingredients of
Section- 192
1-Whoever causes:
(a) any circumstances to exist; or
(b) making any false entry in any book or electronic record; or
(c) any document containing a false statement;
2- any of the above act with the intention that it may appear in
evidence in: (a) a judicial proceeding; or
(b) In a proceeding before a public servant; or
(c) Before an arbitrator, and
3- with the intention that it may cause any person who in such
proceeding to form an opinion upon the evidence, to arrive at an
erroneous opinion on any point material to the result of such
proceeding.
Case Laws
 Afzal v State of Haryana AIR 1996 SC in this case
Hon’ble Court took very serious note of the
conduct of the police officials. It observed that
tendency to file false affidavits or fabricated
documents and placing them as part of record of
the court cannot be lightly brushed aside and they
are issues of grave concern. The Supreme Court
convicted both the superintendent of police and the
sub-inspector under sections 192 and 193.
Distinction Between 191 and
192 of the IPC, 1860
 In section 191 false evidence is given by a person
who is bound by an oath or law whereas no such
condition is found in section 192.
 In sec. 191 there must be a proceeding, judicial or
non-judicial, pending or in existence at the time
when the offence is committed whereas in sec.192
it is enough that there is a reasonable prospect of
such proceeding.
Cont…
 In sec. 192 the effect of false evidence must be
such as to lead the court or officer concerned to
form an erroneous opinion touching any material
point whereas in sec. 191 the effect on the officer
is immaterial to fix liability under sec. 191.
 In sec. 192 fabrication must be on a point material
to the proceeding, whereas in 191 it need not be
made on a material point.
 Thank You
 Youmay refer some provisions which are relevant,
of Cr.P.C. 1973 such as 2(i), 195, 340.