The popular term “Perjury” is defined under Section 191 of the Indian Penal Code, 1860 as “Giving false evidence”. Under the Section it is stated that 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. A statement made under this section can be verbally or of any other kind also.
To commit the offence under this section it is required that a person who is giving false evidence must be legally bound by an oath to state the truth, or by any express provision of law, or he must be bound by law to make a declaration upon any matter. The statement must be a false statement and the person who is making the statement must be aware of the fact that the statement is false. The person making the false statement must have malafide intention as he knows that the statement he made will affect the outcome of the proceeding. Anyone is not bound to go to the witness box, but once you decided to go to the witness box and take oath, the person becomes bound to state the truth and he is not entitled to say that he could have chosen not to come on to the witness box .
Any person who identified or proved guilty under this section will be punished under section 193 of Indian Penal Code, 1860 i.e. Punishment for false evidence. If a person has given false statement in any stage of judicial proceeding or presented any false evidence which will be used in any stage of judicial proceeding shall be punished with imprisonment of either description of term which may extend to seven years, and shall also be liable for fine. In any other case the punishment will be extend to three years and fine.