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perjury

English · PUR-juh-ree · Criminal law

Meaning. Intentionally giving false evidence while legally bound to tell the truth.

Perjury is the English name for the offence the Indian statute calls giving false evidence. A person bound by oath, by law or by an express provision to state the truth, or to make a declaration, commits it by making a statement he knows or believes to be false, or does not believe to be true. Fabricating false evidence (creating false documents or circumstances for use in a proceeding) is a separate, related offence.

A private complaint is not enough: courts can take cognizance of these offences, when committed in or in relation to a court proceeding, only on a written complaint by that court, usually after a preliminary inquiry into whether prosecution is expedient in the interests of justice.

Example

The witness who contradicted his own affidavit on oath was proceeded against for perjury on the court's complaint under the BNSS.

In Indian law

  • s.227 BNS (old s.191 IPC): giving false evidence; s.229 BNS (old s.193 IPC): punishment
  • s.215 BNSS (old s.195 CrPC): prosecution only on complaint of the court
  • s.379 BNSS (old s.340 CrPC): procedure for the court's complaint

See also

oath · affidavit · witness · contempt of court

Read more in the study notes

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