CrPC Section 191
Section 191 of the Criminal Procedure Code (CrPC), 1973
Giving False Evidence
Bare Text of Section 191:
"Whoever, being legally bound by an oath or by an express provision of law to state the truth, or in any declaration, certificate, verification, or writing, which he is by law required to make or to verify, willfully states any thing 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."
Detailed Explanation:
1. Meaning and Scope:
Section 191 defines the offence of giving false evidence.
It applies to any person who, when legally bound to tell the truth — such as under oath in court or in official documents — willfully makes a false statement or declaration.
2. Key Elements of the Offence:
| Element | Explanation |
|---|---|
| Legal Obligation to Tell Truth | The person must be under oath or a legal requirement to state the truth (e.g., witness, affidavit maker). |
| Willful False Statement | The falsehood must be intentional, knowing it to be false or disbelieving its truth. |
| Forms of False Evidence | Can be oral testimony under oath, written declarations, certificates, verifications, or any official statement required by law. |
3. Importance:
Ensures truthful testimony and statements in judicial proceedings and official matters.
Protects the integrity of the justice system.
Penalizes deliberate deception that can mislead courts or authorities.
4. Example Scenario:
A witness under oath in a trial deliberately lies about the accused's whereabouts to protect them.
The witness is giving false evidence under Section 191.
5. Relation to Other Sections:
| Related Section | Description |
|---|---|
| Section 193 | Punishment for giving false evidence |
| Section 192 | Fabricating false evidence |
| Section 195 | Procedure for initiating prosecution for false evidence |
Summary Table:
| Aspect | Details |
|---|---|
| Offence | Giving false evidence under oath or legal obligation |
| Requirement | Willful false statement, knowing or disbelieving truth |
| Forms | Oral testimony, written declarations, certificates, verifications |
| Purpose | Protect truthfulness and integrity of judicial process |
| Punishment | Covered under Section 193 (false evidence) |
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