IPC Section 191 and BNS Section 227: Giving False Evidence Explained
Giving false evidence means knowingly making an untrue statement when legally required to speak the truth. The former Indian Penal Code (IPC) Section 191 is now reflected in Section 227 of the Bharatiya Nyaya Sanhita, 2023 (BNS). This guide explains the statutory definition, its two explanations, all five illustrations, punishment and the procedure for court-related perjury complaints.
What is giving false evidence under BNS Section 227?
Section 227 of the Bharatiya Nyaya Sanhita, 2023 provides that a person gives false evidence if, while legally bound by an oath, an express provision of law or a legally required declaration to state the truth, the person makes a false statement knowing or believing it to be false, or not believing it to be true.
Former IPC Section 191 contained the same substantive definition. A legally binding duty to state the truth and the required mental element are central to the offence. An innocent mistake or an honestly held belief is not automatically false evidence.
The two statutory explanations
Explanation 1 - Statements may be verbal or otherwise
The definition extends beyond spoken testimony. Depending on the legal duty and circumstances, a false written declaration or other non-verbal statement may also constitute giving false evidence.
Explanation 2 - False statements about knowledge or belief
It is also false evidence to claim a belief that the person does not actually hold, or to claim knowledge the person does not possess, when legally required to state the truth. Whether a proposition later turns out to be factually correct does not cure a knowingly false assertion of personal knowledge.
All five statutory illustrations explained
- False testimony supporting a genuine debt: A falsely swears that A heard Z acknowledge B's rightful claim for Rs. 1,000. Even if the claim is genuine, A has given false evidence because the claimed conversation did not occur.
- Dishonest handwriting belief: A swears that A believes a signature is Z's handwriting while actually believing otherwise. A gives false evidence by misrepresenting that belief.
- Genuine but mistaken handwriting belief: A is familiar with Z's handwriting and honestly believes a signature is Z's. Even if mistaken, A does not give false evidence merely by stating that genuine belief.
- Claiming knowledge without knowing: A swears to know that Z was at a particular place on a certain day while having no knowledge of the matter. A gives false evidence whether or not Z happened to be there.
- Knowingly false translation: An interpreter or translator, legally bound by oath to translate truly, certifies an interpretation or translation that A does not believe is accurate. A gives false evidence.
These are the five illustrations carried forward from IPC Section 191 into BNS Section 227. They show why the witness's actual knowledge or belief matters.
Essential ingredients to establish false evidence
- Legal obligation: The maker was bound by oath, express law or a legally required declaration to state the truth.
- Statement: A statement was made verbally, in writing or otherwise.
- Falsity: The statement was false, including a dishonest assertion of knowledge or belief.
- State of mind: The maker knew or believed the statement was false, or did not believe it to be true.
A contradiction between two statements is evidence to examine, not automatic proof of deliberate false evidence. Materiality, context, credibility and the legal obligation should be evaluated in the relevant proceeding.
Punishment under BNS Section 229
Section 227 defines the offence; Section 229 prescribes the general punishment. BNS Section 228 separately defines fabricating false evidence, which is also punishable under Section 229 where its requirements are met.
| Provision | Conduct | Maximum imprisonment | Fine |
|---|---|---|---|
| BNS 229(1) | Intentionally giving false evidence in a judicial proceeding, or fabricating it for use there | 7 years, either description | Also liable to fine up to Rs. 10,000 |
| BNS 229(2) | Intentionally giving or fabricating false evidence in other cases | 3 years, either description | Also liable to fine up to Rs. 5,000 |
Special provisions may prescribe different or more severe consequences for particular kinds of false evidence. The appropriate charge and procedural classification depend on the precise allegations, including whether the statement relates to a judicial proceeding.
How is a false-evidence complaint initiated?
For specified offences against public justice, including BNS Section 229 when allegedly committed in or in relation to proceedings in a Court, BNSS Section 215(1)(b) restricts cognizance unless a written complaint is made by that Court, an authorised officer of the Court, or a superior Court as permitted by law.
BNSS Section 379 provides the procedure: the Court considers whether an inquiry is expedient in the interests of justice, may hold a preliminary inquiry where necessary, record its finding and send a written complaint to the competent Magistrate. This is not an automatic consequence of every inconsistent statement. The procedure differs for alleged false evidence outside court proceedings.
Preserve the relevant deposition, affidavit, document, certified copy, order and other records. Parties should seek appropriate legal remedies instead of assuming that every disputed statement supports an immediate private criminal prosecution.
Frequently asked questions
Which BNS section corresponds to IPC Section 191?
Section 227 of the Bharatiya Nyaya Sanhita, 2023.
Does BNS Section 227 itself state a punishment?
No. It defines giving false evidence. The general punishment is stated in BNS Section 229.
Is a mistaken statement always perjury?
No. A genuinely mistaken statement is not necessarily false evidence. The statutory knowledge or belief requirement must be proved.
Can a knowingly false affidavit amount to false evidence?
It may, if the affidavit or declaration is made under a legal duty to state the truth and the remaining elements are satisfied. The procedural route depends on the context.
Can a private person directly prosecute alleged perjury in court proceedings?
Where BNSS Section 215(1)(b) applies, the Court-related written complaint requirement must be followed, generally using the procedure under BNSS Section 379.
Official legal sources
- Bureau of Police Research and Development - Bharatiya Nyaya Sanhita, 2023 (Sections 227 to 229)
- Bureau of Police Research and Development - Bharatiya Nagarik Suraksha Sanhita, 2023 (Sections 215 and 379)
- National Crime Records Bureau - BNS chapter-wise statutory text
- National Crime Records Bureau - BNSS chapter-wise statutory text
- India Code - Government of India legislation repository
General legal information only. Application of criminal provisions depends on the date, facts, evidence and governing procedural law.