Perjury
Perjury refers to the act of providing false evidence or making false statements while under oath during legal proceedings. This offense can severely affect the judicial process, potentially leading to false judgments or injustice. In India, perjury is treated as a serious crime under both the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Bharatiya Nagarik Suraksha Sanhita, 2023, ensuring that those who commit it face strict penalties.
In this blog, we will explore perjury in detail under Indian law, including the relevant sections of both the BNS and BNSS, punishment for perjury, its impact on the judicial system, and key cases related to perjury.
What is Perjury?
Perjury occurs when someone knowingly provides false evidence or makes a false statement while under oath in court or during legal proceedings. It can occur in oral testimony, affidavits, or other legal documents. The primary element of perjury is that the person making the statement must be aware that it is false. If the false statement is made unintentionally, it does not qualify as perjury.
Perjury undermines the court's ability to make fair decisions, as it leads to incorrect evidence being considered. For this reason, perjury is treated as a serious offense under Indian law.
Legal Provisions Governing Perjury in India
The offense of perjury is covered under several sections of the Bharatiya Nyaya Sanhita, 2023 (BNS), primarily from Sections 227 to 231. In addition to the BNS, the Code of Bharatiya Nagarik Suraksha Sanhita, 2023 also outlines procedures related to perjury in its various provisions.
Bharatiya Nyaya Sanhita, 2023 (BNS)
Section 227: Giving False Evidence
Section 227 of the BNS defines the offense of giving false evidence, which is essentially perjury. It states that a person gives false evidence if:
They make a false statement.
The false statement is made under oath.
The false statement is about a matter that is relevant to the case.
The person must know or believe that the statement is false when they make it. If the statement is made accidentally or unknowingly, it does not fall under perjury.
Section 228: Fabricating False Evidence
Section 228 of the BNS deals with the fabrication of false evidence. This occurs when a person creates or causes false evidence to be created with the intention of misleading the court or influencing the outcome of a case. This could involve creating fake documents, tampering with existing evidence, or manipulating other types of evidence.
Section 229: Punishment for False Evidence
Section 229 of the BNS prescribes the punishment for giving false evidence. It states that anyone found guilty of perjury can be punished with imprisonment for up to seven years and a fine. If the false evidence is given during judicial proceedings, the punishment can be harsher.
The law recognizes the importance of truthful testimony in court and takes a strict approach when false evidence is presented, especially in judicial proceedings.
Section 230: False Evidence Leading to Conviction
Section 230 of the BNS deals with cases where false evidence leads to the conviction of an innocent person. If a person knowingly gives false evidence that results in someone’s wrongful conviction and possible execution, the person giving the false evidence can be sentenced to life imprisonment or even death.
This section emphasizes the gravity of perjury in cases where it results in severe consequences for an innocent person.
Section 231: Prosecution for Perjury
Section 231 of the BNS outlines the procedure for prosecuting individuals who commit perjury. It states that the court or legal authority where the false evidence was presented must file a formal complaint before the person can be prosecuted. This provision ensures that frivolous accusations of perjury are avoided and that only genuine cases are pursued.
Other Relevant Sections
Sections 231 to 248 of the BNS also address various aspects of giving false evidence, including using false declarations, creating false documents, and other related offenses. These sections reinforce the idea that presenting false evidence or information in any form is a serious crime under Indian law.
Bharatiya Nagarik Suraksha Sanhita, 2023
In addition to the BNS, the BNSS also contains provisions related to perjury, particularly about how cases of perjury should be handled in the courts.
Section 215 of BNSS: Prosecution for Perjury
Section 215 of the BNSS outlines the procedures for prosecuting offenses related to false evidence. It specifies that no court shall take cognizance of any offense under Sections 227 to 231 of the BNS (which deal with perjury) unless a written complaint is filed by the court in which the false evidence was presented.
This section ensures that the prosecution for perjury is not initiated frivolously. It gives the court where the perjury occurred the sole authority to decide whether the false statement warrants legal action.
Section 379 of BNSS: Procedure in Cases of Perjury
Section 379 of the BNSS outlines the procedure for handling cases of perjury. It gives the court the power to conduct an inquiry when it believes that perjury has been committed. After conducting the inquiry, the court may file a complaint and forward it to the appropriate magistrate for prosecution.
The section also allows the court to order the detention of the accused until the inquiry is completed or bail is granted. This provision gives the court the authority to take immediate action in cases of perjury.
Importance of Perjury Laws
The laws governing perjury are crucial because they help maintain the integrity of the judicial process. Courts rely on witnesses and parties to provide truthful evidence so that fair decisions can be made. When someone commits perjury, it undermines the court’s ability to deliver justice, often leading to wrongful convictions or acquittals.
By imposing strict penalties for perjury, Indian law seeks to deter individuals from lying under oath and to protect the credibility of the judicial system.
Impact of Perjury on Judicial Proceedings
Perjury can have a significant impact on judicial proceedings, as it introduces false or misleading information that can affect the outcome of a case. The presence of false evidence can result in:
Wrongful Convictions: When false evidence is presented, it can lead to the conviction of an innocent person. This is particularly serious in cases where the punishment is severe, such as life imprisonment or the death penalty.
Delays in Justice: Perjury can cause significant delays in the judicial process. Courts may need to conduct additional inquiries or reopen cases to verify the truthfulness of evidence. This can delay the delivery of justice to the parties involved.
Loss of Trust in the Legal System: Perjury undermines the trust that people have in the legal system. If witnesses or parties are allowed to lie without consequences, it can erode public confidence in the fairness of court proceedings.
Increased Legal Costs: When perjury occurs, legal proceedings often become more complex and drawn out. This increases the legal costs for all parties involved, including the government, which must allocate additional resources to investigate and prosecute perjury cases.
Famous Cases of Perjury in India
Several high-profile cases in India have brought attention to the issue of perjury and its impact on the judicial system.
1. Jessica Lal Murder Case
In the Jessica Lal murder case, several witnesses initially gave false testimony, which led to the acquittal of the accused. However, after public outcry and further investigation, it was revealed that many witnesses had lied under oath. The case was reopened, and the accused was eventually convicted. This case highlighted the issue of perjury and the serious consequences it can have in criminal trials.
2. Aarushi Talwar Murder Case
The Aarushi Talwar murder case saw multiple witnesses accused of giving false evidence during the trial. The case attracted significant media attention, and the issue of perjury was widely discussed. This case demonstrated how perjury can complicate legal proceedings and delay justice.
3. 2G Spectrum Case
In the 2G spectrum case, which involved allegations of corruption in the allocation of telecom licenses, perjury charges were brought against certain individuals for providing false evidence to mislead the court. The case was significant because it involved high-profile figures and showed how perjury could affect high-stakes legal battles.
Preventing Perjury
To prevent perjury and maintain the integrity of the judicial process, Indian law has several measures in place:
Oath of Truth: Every witness or person giving testimony in a legal case must take an oath to tell the truth. This formal declaration ensures that the individual understands the seriousness of their statements and the consequences of lying under oath.
Penalties for False Statements: The IPC prescribes strict penalties for giving false evidence, including imprisonment and fines. These penalties serve as a deterrent to individuals who may consider lying in court.
Cross-Examination: During court proceedings, witnesses are subject to cross-examination by the opposing party. This process helps to uncover inconsistencies in their testimony and prevents false statements from going unchallenged.
Court’s Power to Prosecute: The court has the authority to initiate proceedings against individuals who commit perjury. This power ensures that the court can take immediate action when false evidence is presented.
Conclusion
Perjury is a grave offense under Indian law, and the courts take strict action against those who commit it. The offense of perjury is governed by various sections of the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Bharatiya Nagarik Suraksha Sanhita, 2023, with severe penalties in place to deter individuals from lying under oath. The law also provides clear procedures for prosecuting cases of perjury, ensuring that the judicial process remains fair and truthful.
By maintaining the integrity of evidence in court, the law ensures that justice is served and that individuals who attempt to mislead the court are held accountable.
