Perjury in India
Perjury (giving false evidence under oath) is a serious crime in India, but weak enforcement machinery makes it feel like lying in court carries zero consequences.
Key Points
- Previously governed by Sections 191 and 193 of the Indian Penal Code (IPC), perjury is now penalized under Sections 227 and 229 of the Bharatiya Nyaya Sanhita (BNS), 2023.
- It carries a punishment of up to seven years in prison.
- The problem is not the absence of a law but the difficult procedural hurdles required to enforce it.
- Affidavits are routinely falsified in Indian courts, especially in property or matrimonial disputes.
Why Perjury Goes Largely Unpunished in India
- Judges must initiate it, not police: if someone lies against you in court, you cannot simply file an FIR with the police. You must file an application (historically under Section 340 of the CrPC, now Section 379 of the BNSS) asking the judge handling the case to file a complaint.
- The "interest of justice" loophole: the law says a judge should only initiate a perjury trial if they believe it is "expedient in the interests of justice." Given massive court backlogs, judges are often reluctant to start a secondary criminal trial for perjury, preferring to just dismiss the false evidence and move on with the main case.
- Strict burden of proof: the Supreme Court of India has repeatedly ruled that a mere "wrong statement," typo, or discrepancy is not enough — the falsehood must be proven deliberate, intentional, and meant to deceive the court.
- Decades of delay: even if a judge agrees to initiate a perjury complaint, it goes to a Magistrate as an entirely separate criminal trial, which can take years — leaving exhausted litigants unwilling to pursue it.
India vs US/UK
| Feature | India | US / UK |
|---|---|---|
| Who initiates prosecution? | The judge/court, via a formal complaint process | The prosecutor, who can independently charge a witness with perjury |
| Enforcement frequency | Extremely rare — judges often ignore lies to save court time | Highly active — high-profile figures are routinely jailed for lying under oath |
| Cultural perception | Seen as a standard "tactic" to delay or win cases | Seen as a severe obstruction of justice with guaranteed jail time |
| Witness protection | Historically weak, so witnesses often lie out of intimidation or bribery | Robust protection programs, reducing external pressure to lie |
India has strict perjury laws on paper, but the bureaucratic process to enforce them has created a culture where people feel they can lie to a judge without facing consequences.
Links
- Bharatiya Nyaya Sanhita (BNS), 2023 — Sections 227, 229 (false evidence)
- Bharatiya Nagarik Suraksha Sanhita (BNSS) — Section 379 (procedure for prosecution for perjury, successor to CrPC Section 340)