223 exam-style questions on this chapter, written from the actual legal text and tagged for UPSC, Judiciary and CLAT. Five are shown below with answers and explanations — the rest are in the free interactive drill.
Q1 · easy · IPC S.191
Which of the following is NOT an essential element of 'giving false evidence' under Section 191 IPC (as worded)?
- A.That the person is legally bound by an oath, or by an express provision of law, to state the truth, or is bound by law to make a declaration
- B.That the person makes a statement which is false
- C.That the person either knows the statement is false, believes it to be false, or does not believe it to be true
- D.That the statement must be made in a court of law✓ correct
Why: Section 191 requires (1) a legal obligation to state the truth or to make a declaration, (2) a false statement, and (3) the maker either knows it to be false, believes it false, or does not believe it to be true. The provision does not require the statement to be made in a court of law.
Read Section 191 — Giving false evidence →Q2 · easy · IPC S.191
Which mental states are explicitly covered by Section 191 as satisfying the mens rea for giving false evidence?
- A.Knows the statement to be false
- B.Either knows it to be false, believes it to be false, or does not believe it to be true✓ correct
- C.Mere negligence or honest mistake
- D.Intention to mislead only
Why: Section 191 states the statement must be false and the maker must either know it to be false, believe it to be false, or not believe it to be true. Negligence, mere mistake, or a general intention to mislead are not the language used in the provision.
Read Section 191 — Giving false evidence →Q3 · medium · IPC S.191
A witness, legally bound by oath, makes a false statement but genuinely believes it to be true. Under the text of Section 191, has he given false evidence?
- A.Yes — any false statement by a bound witness is false evidence
- B.Yes — if the false statement affects the proceeding
- C.No — because under Section 191 the person must either know it is false, believe it to be false, or not believe it to be true✓ correct
- D.Only if an express provision of law requires such a declaration
Why: Section 191 makes it an offence when the maker either knows the statement is false, believes it to be false, or does not believe it to be true. If the maker genuinely believes the false statement to be true, that mental element in Section 191 is not satisfied.
Read Section 191 — Giving false evidence →Q4 · medium · IPC S.191
Can a person who is not under oath still be liable under Section 191 IPC?
- A.Yes — liability applies to anyone legally bound by oath, by an express provision of law to state the truth, or bound by law to make a declaration✓ correct
- B.No — liability arises only when a person is under oath
- C.Only if the person later swears to the same statement
- D.Only in statutory declarations expressly mentioned in law
Why: Section 191 applies not only to those under oath but also to persons "bound by an express provision of law to state the truth" or "bound by law to make a declaration upon any subject." Thus being under oath is not the sole circumstance covered.
Read Section 191 — Giving false evidence →Q5 · hard · IPC S.191
If a person bound to make a declaration makes a false statement which he neither knows to be false nor believes to be true (he is merely uncertain), does Section 191 treat this as giving false evidence?
- A.Yes — because a false statement alone is sufficient under Section 191
- B.No — absence of knowledge or belief means there is no culpable mental state under Section 191
- C.Yes — but only if the statement was made under oath
- D.Yes — Section 191 expressly covers statements which the maker "does not believe to be true", so uncertainty is covered✓ correct
Why: Section 191 criminalises false statements which the maker "either knows or believes to be false or does not believe to be true." The clause "does not believe to be true" covers cases of lack of belief (uncertainty), so such statements fall within the provision.
Read Section 191 — Giving false evidence →218 more questions on False Evidence And Offences Against Public Justice
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