RANJIT SINGH versus THE STATE OF PUNJAB

RANJIT SINGH versus THE STATE OF PUNJAB

The appellant was rightly convicted under section 193 IPC for filing a false affidavit affirmed on oath before the High Court. It is not necessary that the accused be legally bound to file an affidavit; if he voluntarily binds himself on oath and makes a false statement, he is liable under section 193. Affirmation to belief is included under Explanation 2 to section 191 IPC.

Parties
Appellant: Ranjit Singh; Respondent: The State of Punjab; Respondent: T. M. Sen
Jurisdiction
India
Judgment Date
21 April 1959
Procedural Posture
Criminal Appeal / Appeal by Special Leave From the Judgment and Order of the Former PEPSU High Court in Criminal Revision No. 45 of 1956, Arising Out of the Judgment and Order of the Additional Sessions Judge, Patiala, in Criminal Appeal No. 175/36of1955 56.
Outcome
Appeal dismissed.
Legal Topics
Perjury, False Evidence, Affidavit, Habeas Corpus Application, Oaths Act, Procedural Requirements Under Code of Criminal Procedure
Criminal Law Perjury False Evidence Affidavit Habeas Corpus Application Oaths Act Procedural Requirements Under Code of Criminal Procedure

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Parties

Ranjit Singh

Appellant

The State of Punjab

Respondent

T. M. Sen

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From the Judgment and Order of the Former PEPSU High Court in Criminal Revision No. 45 of 1956, Arising Out of the Judgment and Order of the Additional Sessions Judge, Patiala, in Criminal Appeal No. 175/36of1955 56.

Legal Issues

  1. 1 Whether a false affidavit sworn voluntarily when not strictly required by rules can constitute an offence under sections 191 and 193 of the Indian Penal Code.
  2. 2 Whether affirmation of statements to 'the best of knowledge and belief' excludes liability for perjury under section 193 IPC.
  3. 3 Whether procedural requirements under CrPC sections 200 and 202 were met when complaint was made by the court.

Ratio Decidendi

The appellant was rightly convicted under section 193 IPC for filing a false affidavit affirmed on oath before the High Court. It is not necessary that the accused be legally bound to file an affidavit; if he voluntarily binds himself on oath and makes a false statement, he is liable under section 193. Affirmation to belief is included under Explanation 2 to section 191 IPC.

Court Disposition

Appeal dismissed.

Orders

  • The conviction of the appellant under section 193, Indian Penal Code, is upheld.