Firstly section 191 of the Indian Penal Code states that “Whoever, being legally bound by an oath or by an 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.”
This offence is also called perjury or forswearing. This basically means a person is misrepresenting the truth willfully when under oath. For example, when a witness is produced in court and is kept under oath. But he lies when he was kept in oath because of which a criminal had been set free from prosecution or an innocent man is sent to jail.
Such a person is said to have committed the offence of forswearing or perjury. In court, this is considered as a serious offence as it disrupts the decorum of the court and results in miscarriage of justice.
A person who has committed the offence of perjury by lying in any stage of judicial proceeding will be punishable under section 193 of the Indian Penal Code.
Section 193 of the Indian penal code states that “Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine, and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine”.
Basically, it consists of a punishment term which may extend to a period of seven years and shall also be liable for a fine.
Such an offence is considered non – cognizable, bailable, non-compoundable. And, triable by the magistrate of the first class.