Section 191 IPC: Giving false evidence

Indian Penal Code, 1860

Section 191 IPC at a Glance

Section 191 IPC deals with giving false evidence. From 1 July 2024 it is replaced by Section 227 BNS.

Punishment

None of its own. The punishment for false evidence is in Section 193 IPC.

BNS Equivalent

Section 227 →

Section 191 IPC Bare Act Text

191. Giving false evidence

Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.

Explanation 1.—A statement is within the meaning of this section, whether it is made verbally or otherwise.

Explanation 2.—A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.

Illustrations

(a) A, in support of a just claim which B has against Z for one thousand rupees, falsely swears on a trial that he heard Z admit the justice of B's claim. A has given false evidence.

(b) A, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that which he knows to be false, and therefore gives false evidence.

(c) A, knowing the general character of Z's handwriting, states that he believes a certain signature to be the handwriting of Z; A in good faith believing it to be so. Here A's statement is merely as to his belief, and is true as to his belief, and therefore, although the signature may not be the handwriting of Z, A has not given false evidence.

(d) A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not knowing anything upon the subject. A gives false evidence whether Z was at that place on the day named or not.

(e) A, an interpreter or translator, gives or certifies as a true interpretation or translation of a statement or document which he is bound by oath to interpret or translate truly, that which is not and which he does not believe to be a true interpretation or translation. A has given false evidence.

Source: Section 191, Indian Penal Code, 1860

Section 191 IPC in Simple Words

Section 191 of the Indian Penal Code (IPC) defines giving false evidence. A person gives false evidence when he is legally bound by an oath or by an express provision of law to state the truth, or is bound by law to make a declaration upon any subject, and makes a statement which is false and which he either knows or believes to be false or does not believe to be true.

Explanation 1 says the statement may be made verbally or otherwise. Explanation 2 covers a false statement as to the belief of the person attesting, so a person may give false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.

The section sets no punishment. Section 193 IPC punishes false evidence.

Ingredients of Section 191 IPC

  • The person was legally bound by an oath or by an express provision of law to state the truth, or was bound by law to make a declaration upon any subject
  • The person made a statement, whether verbally or otherwise
  • The statement was false
  • The person either knew or believed the statement to be false or did not believe it to be true
  • A false statement as to the belief of the person attesting is enough, so stating a belief he does not hold, or stating knowledge he does not have, is covered

Punishment Under Section 191 IPC

Imprisonment

None of its own. The punishment for false evidence is in Section 193 IPC.

Fine

None of its own. Any fine comes from the section that punishes false evidence.

Section 191 IPC has no entry in the First Schedule to the CrPC. Cognizance, bail and the trial court follow the entry for the section under which the false evidence is punished.

Example of Section 191 IPC

During a land boundary inquiry in Kochi in 2021, Vikram was legally bound by an oath to state the truth while testifying before the presiding officer. When shown a disputed lease deed, Vikram stated in writing that he knew the thumb impression on the deed belonged to his uncle, Narayanan, and that he believed the signature beside it was written by Narayanan. In reality, Vikram knew nothing about the thumb impression and did not believe the signature was genuine. Because he made false statements that he knew to be false while legally bound by oath, Vikram has given false evidence within Section 191 IPC.

When Section 191 IPC Does Not Apply

  • Section 191 IPC does not apply when a person makes an untrue remark during an informal conversation where no oath, statutory duty to speak the truth, or legal obligation to make a declaration exists.
  • Section 191 IPC does not apply when a witness testifies under oath to a fact that turns out to be inaccurate, provided the witness honestly believed the statement to be true at the time of making it.
  • Section 191 IPC does not apply when a person bound by oath states in good faith that he believes a handwriting sample belongs to a specific individual, even if forensic examination later proves that belief mistaken.
  • Section 191 IPC does not apply when the statement made under oath or legal declaration is factually true.

Section 191 IPC in the BNS

Section 191 IPC is now covered under Section 227 BNS.

Section 191 IPC is now Section 227 BNS, with the same title and the same words. The section still defines the term and sets no punishment.

View detailed comparison (IPC 191 vs BNS 227) →

FAQs on Section 191 IPC

What does Section 191 IPC define?▼

Giving false evidence. A person who is legally bound by an oath or by an express provision of law to state the truth, or bound by law to make a declaration upon any subject, gives false evidence by making a statement which is false and which he either knows or believes to be false or does not believe to be true.

Under Section 191 IPC, must the statement be spoken?▼

No. Explanation 1 says a statement is within the section whether it is made verbally or otherwise.

Under Section 191 IPC, can a statement of belief be false evidence?▼

Yes. Explanation 2 says a false statement as to the belief of the person attesting is covered. A person may give false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.

Under Section 191 IPC, is an honest belief false evidence?▼

No. In Illustration c, A knows the general character of Z's handwriting and in good faith states that he believes a signature to be Z's. His statement is true as to his belief, so A has not given false evidence even if the signature is not Z's.

Under Section 191 IPC, can an interpreter or translator give false evidence?▼

Yes. Illustration e covers an interpreter or translator bound by oath to interpret or translate truly who gives or certifies as true that which is not and which he does not believe to be a true interpretation or translation.

What is the punishment under Section 191 IPC?▼

None. The section only defines giving false evidence. Section 193 IPC punishes false evidence.

Is giving false evidence bailable under Section 191 IPC?▼

Section 191 IPC has no entry in the First Schedule to the CrPC, so it has no bail or cognizance status of its own. These follow the entry for the section that punishes false evidence.

Where is Section 191 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 227 BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·