Sunday, Apr 28, 2024

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Court Name : Allahabad High Court

Law Point: The salient features of giving false evidence under Section 191 IPC are:- (i) intentionally making a false statement, or (ii) declaration by a person who is under a legal obligation to speak the truth. But it must be remembered that the very essence of crimes of this kind is not how such statements may injure this or that party to litigation but how they may deceive and mislead the courts and thus produce mischievous consequences to the administration of justice. Consequently, there cannot be any doubt that if a statement or averment in a pleading is false, it falls within the definition of offence under Section 191 IPC. It is not necessary that a person should have appeared in the witness box. The offence stands committed and completed by the filing of such pleading. An affidavit is ‘evidence’ within the meaning of Section 191 IPC and a person swearing to a false affidavit is guilty of perjury.