WHAT IS PERJURY?
Perjury is the “willful and corrupt taking of a false oath in regard to a material matter in a judicial proceedings.” It is sometimes called “lying under oath” i.e., deliberately telling a lie in a courtroom after having taken an oath to tell the truth. It is important that the false statement be material to case at hand, means that false statement could effect the outcome of the case. It is not considered perjury, for example : to lie about age unless age is a key factor in proving the case.
Perjury can be used as a threat. Although, perjury is a very serious crime under state and Federal laws, and while prosecutors often threaten prosecution, the member of actual prosecution for perjury is tiny. The prosecution of perjury stemming from civil law suits are particularly call. This is because it is difficult to prove that someone is intentionally misstating a material fact, rather than simply testifying honestly from faulty memory.
Perjury also known as Forswearing, which means willful act of swearing a false oath or affirmation to tell the truth weather spoken or in writing concerning matters material to a judicial proceedings. Means, the witness falsely promises to tell the truth about matters which affect the outcome of the case, for example: that is not considered perjury to lie about ones age unless, age is a a factor in determining a legal result.
Perjury is considered a serious offense as it can be used to usurp the power of the courts, resulting in miscarriage of justice.
PERJURY IN INDIA
Under the Indian Penal Code (IPC), section 191 defines perjury as “giving false evidence” and by interpretation it includes the statements retracted later as the person is presumed to have given a “false statements” earlier or later,whom the statement is retracted.
Section 191 of IPC states perjury as:
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