Legal Provisions of Section 199 of Indian Penal Code, 1860.
False Statement made in declaration which is by law receivable as evidence:
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This section makes false statement made in a declaration, by law receivable as evidence, an offence. The section states that whoever, in any declaration made by him, or in any declaration subscribed by him, which declaration any court of justice, or any public servant, or other person, is either bound by law, or authorised by law, to receive as evidence of any fact, makes any false statement and which he either knows to be false or believes to be false, or does not believe to be true, which touches any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.
The section requires that the accused must either make a declaration or subscribe to a declaration. Any court of justice, or any public servant, or other person must be either bound of authorised by law to receive this declaration as evidence of any fact. The accused must make a false statement with the knowledge or belief that is false, or he does not believe it to be true.
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This statement must touch any point material to the object of which the declaration is made or used. The explanation attached to section 200 which also applies to this section states that a declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of sections 199 and 200 of the Code.
In Chandrapal Singh v. Maharaj Singh, the Supreme Court has observed that where the allegation was that the accused had made a false affidavit before a rent controller, but no averments were specifically identified as false, the complaint was bad in law.
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Where in a marriage being performed under the Special Marriage Act, 1954 the accused acted as an ad hoc guardian of the girl, and subscribed to such a declaration made by the girl before the Special Marriage Registrar, with the knowledge that the girl’s father, who was her natural guardian, had not consented to the marriage, it was held that he was guilty, inter alia, under this section.
The Orissa High Court has held that where the accused requested for a transfer of a case to another court and falsely stated in his affidavit that the judge and the advocate appearing for the opposite party had been class-mates, he is guilty under this section.
Where the parents of a person profess a particular religion but their son makes a declaration under the Special Marriage Act, 1954 that he does not profess any religion, he is not guilty under this section even though he had not renounced his religion.
It has been held by the Punjab and Haryana High Court that where a candidate, seeking admission to the М. В. B. S. course, makes a false statement in his affidavit enclosed with his application to the Director, Health Services that he belonged to the reserved quota, he does not commit an offence either under section 199 or section 200 of the Code as it was not a declaration before any court of justice, or public servant or other person authorised by law to receive the document in evidence.
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In Dy. G.M. Inter-State Bus Terminal v. Sudarshan Kumari, a direction was issued to a notary to show cause as to why should he not be punished for attesting false affidavit on the basis of name furnished by the respondent, but no notary by that name was traceable. Direction was also given to the respondent to name the oath commissioner who had allegedly attested the affidavit but no response from the respondent was received about the same. The Supreme Court held that the respondent had given false affidavit in court and was thus punishable under section 199 of the Code.
The offence under this section is non-cognizable, bailable and non-compoundable, and is triable by court of session, metropolitan magistrate or magistrate of the first class.