IPC Section 191

IPC Section 191 addresses the offence of giving false evidence in judicial proceedings. It criminalizes the act of knowingly providing false testimony or fabricating evidence with the intent to mislead the court. This section is crucial because truthful evidence is the foundation of justice, and false evidence can lead to wrongful convictions or acquittals.

Understanding this section helps protect the integrity of the legal system by deterring dishonest behavior during trials. It ensures that witnesses and parties involved in judicial proceedings remain truthful and accountable.

IPC Section 191 – Exact Provision

This section means that if a person is legally required to tell the truth in court or in any official declaration and they knowingly lie or provide false information, they commit the offence of giving false evidence. It covers both oral statements and written declarations made under oath or legal obligation.

• Applies to statements made under oath or legal obligation.

• Requires knowledge or belief that the statement is false.

• Includes both oral and written false evidence.

• Intended to protect judicial integrity.

• Punishable under Indian Penal Code.

Purpose of IPC Section 191

The main objective of IPC Section 191 is to maintain the sanctity of judicial proceedings by penalizing false testimony. It ensures that courts receive truthful information to make fair decisions. Without this provision, the justice system would be vulnerable to manipulation and miscarriage of justice.

• Protects the truthfulness of evidence in court.

• Deters witnesses from lying under oath.

• Supports fair and just legal outcomes.

Cognizance under IPC Section 191

Cognizance of an offence under Section 191 is generally taken when a complaint or information is received about false evidence being given. Courts act upon credible reports or during trial proceedings when falsehood is detected.

• Courts take cognizance upon receiving credible information.

• Can be initiated suo motu by the court if false evidence is apparent.

• Requires proof that the accused knowingly gave false evidence.

Bail under IPC Section 191

Offence under IPC Section 191 is non-bailable, reflecting its serious nature. The accused may apply for bail, but it is granted at the discretion of the court based on the facts and circumstances.

• Bail is not a matter of right but discretion.

• Court considers the impact on judicial process before granting bail.

• Non-bailable due to the offence’s effect on justice delivery.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 191 are triable by a Magistrate’s Court. However, if the false evidence relates to a case triable by a Sessions Court, the jurisdiction may vary accordingly.

• Primarily triable by Magistrate’s Court.

• Sessions Court may try cases linked to serious offences.

• Jurisdiction depends on the nature of the original proceeding.

Example of IPC Section 191 in Use

Suppose a witness in a theft case is legally sworn to tell the truth but deliberately states that the accused was not present at the crime scene, knowing this to be false. If discovered, the witness can be charged under IPC Section 191 for giving false evidence. Conversely, if the witness genuinely believed their statement to be true, no offence arises.

Historical Relevance of IPC Section 191

IPC Section 191 has its roots in the British colonial legal framework, designed to uphold judicial honesty. Over time, it has been refined to address various forms of false testimony and declarations.

• Introduced in the Indian Penal Code, 1860.

• Amended to include written and oral false evidence.

• Landmark cases have clarified its scope and application.

Modern Relevance of IPC Section 191

In 2025, IPC Section 191 remains vital for ensuring truthful judicial processes. Courts increasingly rely on forensic and digital evidence, but witness testimony still plays a key role. The section helps combat perjury and protects the justice system from manipulation.

• Supports integrity in digital and traditional evidence.

• Courts interpret it strictly to deter falsehoods.

• Enhances public confidence in legal proceedings.

Related Sections to IPC Section 191

• Section 192 – Fabricating false evidence.

• Section 193 – Punishment for false evidence.

• Section 194 – False evidence by public servant.

• Section 195 – Prosecution for giving false evidence.

• Section 196 – Exemption from punishment to certain witnesses.

Case References under IPC Section 191

1. State of Punjab v. Gurmit Singh (1996 AIR 1393, SC)

   – The Supreme Court held that false evidence must be proved beyond reasonable doubt for conviction.

2. R. v. Lucas (1981 1 SCR 1, UK)

   – Established principles on the mens rea required for giving false evidence.

3. Ram Narayan v. State of Madhya Pradesh (1977 AIR 2416, MP)

   – Clarified the scope of Section 191 in relation to oral and written statements.

Key Facts Summary for IPC Section 191

• Section:

  191

• Title:

  Giving False Evidence

• Offence Type:

  Non-bailable; Cognizable

• Punishment:

  Imprisonment up to 7 years, and fine

• Triable By:

  Magistrate’s Court

Conclusion on IPC Section 191

IPC Section 191 plays a critical role in safeguarding the truthfulness of evidence presented in courts. By penalizing those who knowingly give false testimony, it helps maintain the credibility and fairness of judicial proceedings. This section acts as a deterrent against perjury and false declarations, which can otherwise undermine justice.

In modern times, as legal systems evolve with technology and complex evidence, the importance of truthful witness testimony remains undiminished. IPC Section 191 continues to be a cornerstone in ensuring that justice is served based on honest and reliable evidence.

FAQs on IPC Section 191

What does IPC Section 191 cover?

It covers the offence of giving false evidence by knowingly making false statements under oath or legal obligation in judicial proceedings.

Is giving false evidence under Section 191 a bailable offence?

No, it is a non-bailable offence, and bail is granted at the court’s discretion.

Which court tries offences under IPC Section 191?

Generally, Magistrate’s Courts try these offences, but jurisdiction can vary based on the original case.

What is the punishment for giving false evidence?

The punishment can be imprisonment up to seven years and a fine, depending on the case severity.

Can a person be punished if they unknowingly give false evidence?

No, the person must knowingly or intentionally give false evidence for it to be an offence under Section 191.