Indian Penal Code, 1860
Sections 191 & 193—Offence of giving false evidence—Direction by High Court to register a complaint against appellant—Appeal—Statement made by appellant, that has been deemed to be befitting the offence of giving false evidence before the court, which is known commonly as perjury was more in the nature of denial of statements made in the affidavits of the complainant—A denial simpliciter cannot meet the threshold, particularly when no mala fide intention/deliberate attempt can be understood from the statement made by the appellant in the affidavit—Mere suspicion or inaccurate statements do not attract the offence under the section—It cannot be disputed that statements made in the affidavit were only to state his version of events and/or deny the version put forth by the complainant—Such statements do not make it expedient in the interest of justice, nor constitute exceptional circumstances in which such sections may be invoked—Impugned direction of High Court set aside—Appeal allowed.
[Paras 15 to 21]
Section 193—False evidence—Essential factors sine qua non for application of Section 193 of IPC are (1) false statement made on oath or in affidavits; (2) that such statement made in a judicial proceedings; or (3) such statement be made before an authority that has been expressly deemed to be a ‘Court’.
[Para 15]
Section 193—Offence of giving false evidence—When the court should initiate proceedings against the person, who has allegedly made a false statement—Explained.
[Para 16]