What is Perjury – Punishment, Laws, and Consequences in India
What constitutes perjury under Indian law, the punishment under BNS 2023, how perjury is prosecuted, famous Indian perjury cases, and the serious consequences of lying under oath in court or in sworn affidavits.
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Perjury — lying under oath — strikes at the heart of the justice system. If witnesses can lie with impunity, courts cannot deliver justice. Indian law treats perjury as a serious criminal offense, and in recent years, courts have become increasingly strict about prosecuting false testimony. Here is exactly what constitutes perjury, the punishment, and why you should never — under any circumstances — lie in court or in a sworn affidavit.
What Constitutes Perjury Under Indian Law?
Under the Bharatiya Nyaya Sanhita (BNS), 2023 (which replaced the Indian Penal Code), perjury is covered by Sections 227–233. The core offense (Section 227 BNS, formerly Section 191 IPC) is: giving false evidence while being legally bound by an oath or affirmation to state the truth. The false statement must be made with knowledge or belief that it is false, or with lack of belief in its truth. Simply being mistaken or forgetful is not perjury — there must be a deliberate intent to deceive the court.
Perjury can be committed in: oral testimony in court, written affidavits submitted to courts or tribunals, sworn statements recorded by police under Section 161 CrPC (now Section 180 BNSS), and verified pleadings (plaints, written statements) that contain false factual assertions.
Punishment for Perjury
The punishment depends on the circumstances: Basic perjury (Section 229 BNS, formerly Section 193 IPC): imprisonment up to 7 years and fine. Perjury in a capital case leading to conviction and execution: imprisonment up to life, or death penalty in extreme cases (Section 230 BNS, formerly Section 194 IPC). Fabricating false evidence (Section 228 BNS, formerly Section 192 IPC): imprisonment up to 7 years and fine. Using false evidence known to be fabricated: same punishment as for fabricating it.
How Perjury is Prosecuted
Perjury is unique because it requires the court's sanction to prosecute. Under Section 340 CrPC (now Section 379 BNSS), if a court believes that perjury has been committed before it, the court can: make a preliminary inquiry, record a finding that it is expedient in the interests of justice to prosecute, and file a complaint or direct the public prosecutor to file a complaint. A private person cannot directly file a perjury case — the court must initiate it. This procedural safeguard exists because perjury allegations are sometimes made to harass witnesses.
The Supreme Court's Increasing Strictness on Perjury
The Supreme Court has repeatedly expressed concern about the "epidemic of perjury" in Indian courts. In Mahila Vinod Kumari v. State of Madhya Pradesh and Kishore Samrite v. State of UP, the Court emphasized that perjury must be dealt with severely to maintain the credibility of the judicial system. The Court has directed all High Courts and district courts to take perjury seriously and initiate Section 340 proceedings wherever a prima facie case of perjury exists — not to let it slide as a "routine matter."
Real Consequences
- Imprisonment: Courts have sentenced people to 6 months–3 years imprisonment for perjury in civil and criminal cases.
- Case dismissal: If a party is found to have committed perjury, the court may dismiss their entire case on the ground of unclean hands.
- Professional consequences: For advocates, perjury can lead to Bar Council disciplinary action, including suspension or disbarment.
- Reputation: A perjury conviction creates a permanent criminal record affecting employment, travel, and standing in society.
Need to understand your rights regarding testimony or an affidavit in a Kolkata court? Contact Advocate Panchanand Shaw at 14 Hare Street, Kolkata — 700001. Call +91 90070 00603 for professional legal guidance.