IPC Section 181 - False Statement on Oath or Affirmation to Public Servant or Person Authorized to Administer an Oath or Affirmation

Whoever, being legally bound by an oath or affirmation to state the truth on any subject to any public servant or other person authorized to administer such oath or affirmation, makes, to such public servant or other person so authorized, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

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Non-bailable, Cognizable

Official Text

“Whoever, being legally bound by an oath or affirmation to state the truth on any subject to any public servant or other person authorized to administer such oath or affirmation, makes, to such public servant or other person so authorized, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.”

Legal Analysis

Elements to Prove:

  • The accused was legally bound by oath or affirmation.
  • They made a statement to a public servant or authorized person.
  • The statement was false.
  • They knew or believed it to be false.

Potential Defenses:

  • The accused was not legally bound by oath.
  • The statement was not false.
  • The accused had no knowledge of the falsity.
  • The accused had a reasonable belief in the truth.

Practical Examples

What Constitutes the Offense:

A witness lying under oath in court, or providing false information in a sworn affidavit.

What Doesn't Constitute:

A person making an honest mistake while under oath, or being confused about facts.

Important Case Laws

State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)

The Supreme Court held that this section applies to making false statements under oath or affirmation to public servants.

Punishment

Imprisonment for up to 3 years, and Fine

Related Information

Connected Sections:

This section deals with perjury and false statements under oath. It is often charged alongside other perjury offenses.

Procedural Aspects:

No government sanction is required. The case is triable by a Magistrate of the first class.

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