Question: Is there any difference between Indian and English law on false evidence? Find the answer to the mains question only on Legal Bites. [Is there any difference between Indian and English law on false evidence?] Answer Chapter XI of the IPC deals with the offences relating to false evidence and offences against public justice. The offence of… Read More »

Question: Is there any difference between Indian and English law on false evidence? Find the answer to the mains question only on Legal Bites. [Is there any difference between Indian and English law on false evidence?] Answer Chapter XI of the IPC deals with the offences relating to false evidence and offences against public justice. The offence of giving false evidence in section 191, IPC is similar to the offence of perjury in English law. Compared to the English law of perjury, the...

Question: Is there any difference between Indian and English law on false evidence?

Find the answer to the mains question only on Legal Bites. [Is there any difference between Indian and English law on false evidence?]

Answer

Chapter XI of the IPC deals with the offences relating to false evidence and offences against public justice. The offence of giving false evidence in section 191, IPC is similar to the offence of perjury in English law. Compared to the English law of perjury, the Indian law is less rigid in the following respects:

  1. In order to sustain a prosecution under section 191, it is enough, if the accused had given a false statement contrary to the oath or an express provision of law to state the truth or bound by law to make a declaration, whereas under English law prosecution for perjury is permitted only when there is an express violation of an oath. In India, the oath is merely one of the forms by which a party may be bound to speak the truth.
  2. In English law, the false statement must have been made in judicial proceedings ie, before courts. In s 191, it is not so strictly limited. Under section 191, if a person is legally bound by oath or by express provision of law to state the truth and acts contra, he will be liable for prosecution. In the IPC, the distinction is relevant only in determining the degree of punishment to be imposed.
  3. Again, as stated before, in English law, perjury must be proved by two witnesses or by one witness with other corroborative material evidence. Under the IPC, no specific number of witnesses is required to sustain the guilt.
  4. Finally, in English law, the matter sworn to must be material to the case in which it is given. According to the IPC, materiality is not insisted on, although, it would undoubtedly be taken into consideration by the court when awarding punishment.

Important Mains Questions Series for Judiciary, APO & University Exams

  1. IPC Mains Questions Series Part I: Important Questions
  2. IPC Mains Questions Series Part II: Important Questions
  3. IPC Mains Questions Series Part III: Important Questions
  4. IPC Mains Questions Series Part IV: Important Questions
  5. IPC Mains Questions Series Part V: Important Questions
  6. IPC Mains Questions Series Part VI: Important Questions
  7. IPC Mains Questions Series Part VII: Important Questions
  8. IPC Mains Questions Series Part VIII: Important Questions
  9. IPC Mains Questions Series Part IX: Important Questions
  10. IPC Mains Questions Series Part X: Important Questions
Updated On 2021-07-17T16:26:37+05:30
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