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. Has A committed any offense?

Question: 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. Has A committed any offense? Give reasons and refer to relevant provisions, if any, on the point. [D.J.S. 1971]

Find the answer to the mains question only on Legal Bites. [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. Has A committed any offense? Give reasons and refer to relevant provisions, if any, on the point.]

Answer

Section 191 of IPC talks about when a person is said to give false evidence. According to the provision, whoever, being legally bound by an oath or by any 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 to section 191: A statement is within the meaning of this section, whether it is made verbally or otherwise.

Explanation 2 to section 191: 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.

The facts of the present case are borrowed from illustration (b) to section 191, IPC. Here, 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.

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