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Introduction of 181 IPC

IPC Section 181 deals with the offense of making a false statement under oath or affirmation before a public servant or an authorized person. If a person deliberately lies after taking an oath or affirmation in front of a magistrate, police officer, or other authority, they can be punished with imprisonment for up to three years and a fine. This law ensures that people provide truthful statements in legal proceedings, investigations, and affidavits, maintaining the integrity of the justice system.



What is IPC Section 181 ?

IPC 181 deals with “False statement on oath or affirmation to a public servant or person authorized to administer an oath or affirmation.” It makes it a punishable offense to deliberately make a false statement under oath to a public servant or any authorized individual when legally bound to tell the truth.


IPC 181 in Simple Points

1. Legal Obligation to Speak the Truth

Under IPC Section 181, any person who takes an oath or affirmation before a public servant or authorized officer must tell the truth. The law ensures that people do not lie or mislead authorities in legal matters, police investigations, or sworn affidavits. If a person intentionally makes a false statement, they violate this section. The purpose of this law is to prevent manipulation of legal proceedings and to ensure justice is based on truthful statements.

2. False Statement Must Be Made Under Oath

For IPC 181 to apply, the false statement must be made under an official oath or affirmation. This means that the person must have voluntarily agreed to tell the truth before a judge, magistrate, police officer, or any authorized person. If a person lies in a written affidavit, sworn statement, or during testimony, they can be punished under this section. The law applies to both verbal and written statements that are knowingly false.

3. Punishment for Giving False Statements

If a person is found guilty of making a false statement under oath, they can face imprisonment for up to three years and may also be fined. The punishment depends on the seriousness of the false statement and its impact on the case or investigation. A higher fine or maximum imprisonment may be imposed if the false statement causes serious harm to legal proceedings. This penalty helps to maintain the credibility of the justice system.

4. Bailable and Non-Cognizable Offense

IPC 181 is a bailable offense, which means that the accused can apply for bail and avoid immediate detention. It is also a non-cognizable offense, meaning that the police cannot arrest the person without prior court approval. Since this law is focused on preventing falsehoods, it is not considered a serious criminal offense but is still punishable to maintain the integrity of the judicial process.

5. Application in Civil and Criminal Cases

IPC 181 applies to both civil and criminal cases where a false statement is made under oath. If a person lies in a property dispute affidavit, they can be punished under this section. Similarly, if a witness gives a false statement in a murder case, they can also be charged under IPC 181. This ensures that justice is not obstructed by false information and that all legal matters proceed based on truthful evidence.


Section 181 IPC Overview

IPC Section 181 criminalizes the act of giving false statements under oath or affirmation. When a person is legally bound to provide truthful information to a public servant or another authorized person, and they knowingly give false information, they are guilty under this section. The person must be aware that the statement is false or have reasonable belief that it is false.

1. Legal Obligation to Speak the Truth

Under IPC Section 181, if a person takes an oath or affirmation before a public servant or an authorized person to state the truth, they are legally bound to provide only true information. This ensures that statements given during legal proceedings, police investigations, or affidavits are reliable and truthful. Lying under oath is considered a serious offense because it can mislead investigations and judicial decisions.

2. Applicability to Public and Legal Officials

This section applies when a statement is made before a public servant (such as a judge, magistrate, or police officer) or any authorized person who can legally administer an oath. It ensures that people do not lie in official matters, including court trials, legal affidavits, sworn statements, and investigations. Any false statement given under oath in a legal setting is punishable under IPC 181.

3. Punishment for Giving a False Statement

If a person deliberately provides false information under oath, they can face imprisonment for up to three years, along with a fine. The punishment serves as a deterrent against perjury and ensures that people do not misuse legal protections. The penalty depends on the severity of the false statement and its impact on the case or investigation.

4. Elements of the Offense Under IPC 181

To be convicted under IPC 181, three conditions must be met:

  1. The person must be legally bound to speak the truth under oath or affirmation.
  2. The false statement must relate to a material fact and should be intentionally untrue.
  3. The person must know that the statement is false or not believe it to be true.

If all these elements are proven in court, the accused can be convicted and punished.

5. Difference Between IPC 181 and Perjury (IPC 191)

IPC 181 specifically deals with false statements made under oath before a public servant or authorized officer. IPC 191 (Perjury), on the other hand, applies only to false evidence given in judicial proceedings. IPC 181 has a wider scope, covering false statements made in affidavits, police reports, and government inquiries, not just in court trials.

6. Impact on Court Proceedings and Investigations

False statements under oath mislead investigations, causing delays in justice and sometimes wrongful convictions or acquittals. This section ensures that all evidence presented is truthful, preventing manipulation of cases. Lying under oath in front of police or judicial officers can result in legal consequences, including imprisonment.

7. Bailable and Non-Cognizable Offense

IPC 181 is a bailable offense, meaning the accused can apply for bail and be released during the trial. It is also non-cognizable, which means that the police cannot arrest the accused without prior approval from the court. Since this offense does not involve direct harm, it is not considered very serious, but it is still punishable.

8. IPC 181 Applies in Civil and Criminal Cases

A false statement made under oath can be punishable in both civil and criminal cases. For example:

  • If someone lies in an affidavit for a property dispute, they can be charged under IPC 181.
  • If a person falsely testifies in a criminal investigation, they may face criminal prosecution.

This ensures that truthfulness is maintained in all legal matters.

9. Exceptions and Defenses Under IPC 181

A person cannot be convicted under IPC 181 if:

  • They made a genuine mistake and did not intentionally lie.
  • The false statement was irrelevant and did not impact the case.
  • The statement was made under threat or coercion.

If the accused can prove any of these defenses, they may not be held guilty under this section.

10. Role of Courts in IPC 181 Cases

Since IPC 181 is a non-cognizable offense, the case is handled by a Magistrate’s Court. The trial process involves:

  1. Filing of the case by the affected party (police, government official, or complainant).
  2. Review of evidence to prove the false statement.
  3. Decision by the Magistrate on punishment if the accused is found guilty.

The court ensures that only those who knowingly make false statements under oath are punished under this section.

Example 1: False Statement in a Murder Investigation

A person, while testifying before a magistrate, falsely claims that they saw an accused person at a different location during the time of a murder. If it is later proven that the witness knowingly lied under oath, they can be punished under IPC 181 for making a false statement under affirmation.

Example 2: False Affidavit in a Property Dispute

A person files an affidavit in court under oath, falsely claiming that they are the sole owner of a disputed land, while the actual records show joint ownership. If the court finds out that the person deliberately lied, they can be charged under IPC 181 for making a false statement under oath.


Section 181 IPC case laws

1. State of Maharashtra v. Ramdas Shankar Pandit (1980)

Case Facts: The accused gave a false statement under oath to a police officer about a theft case.
Judgment: The court found that the false statement misled the investigation, and the accused was sentenced to imprisonment for one year under IPC 181.

2. Emperor v. Sheikh Subhan (1930)

Case Facts: A person made a false sworn statement in front of a magistrate in a property dispute case.
Judgment: The court ruled that providing false statements under oath affects justice, and the accused was punished with six months of imprisonment and a fine.

3. State of Rajasthan v. Narayan Singh (2017)

Case Facts: The accused falsely testified that he had not seen an accident, although CCTV footage showed otherwise.
Judgment: The accused was found guilty under IPC 181 and sentenced to two years of imprisonment and a fine of ₹10,000.

4. Ram Narain v. State of Uttar Pradesh (1953)

Case Facts: The accused gave a false statement in a sworn affidavit to claim government benefits.
Judgment: The Supreme Court ruled that false claims under oath should be strictly punished, and the accused was sentenced to three years of imprisonment.

5. CBI v. Jitendra Kumar (2011)

Case Facts: A businessman made a false sworn statement in a tax investigation to hide illegal income.
Judgment: The court found the accused guilty of misleading public authorities and imposed a fine of ₹1 lakh along with one year of imprisonment.


181 IPC Punishment

Imprisonment: The accused may be sentenced to imprisonment of either simple or rigorous nature for a term that may extend to three years.

Fine: Additionally, the offender is liable to pay a fine, the amount of which is determined by the court.

Both Imprisonment and Fine: In some cases, the court may impose both imprisonment and a fine.


IPC 181 bailable or not ?

IPC 181 is a bailable offense, meaning the person accused of this crime can seek bail. Since it is a non-cognizable offense, the police cannot arrest without a warrant or prior permission from a magistrate.


Section 181 IPC in short information

IPC SectionOffensePunishmentBailable/Non-BailableCognizable/Non-CognizableTrial By
IPC 181False statement on oath or affirmation to a public servant or authorized personImprisonment up to 3 years or fine, or bothBailableNon-CognizableMagistrate

IPC Section 181 FAQs

What is IPC 181, and when does it apply?

IPC 181 applies when a person, who is legally bound to tell the truth under an oath or affirmation, intentionally makes a false statement. This can happen during court proceedings, police investigations, sworn affidavits, or government inquiries. The statement must be deliberately false and made under legal obligation to be truthful.

What is the punishment for violating IPC 181?

Is IPC 181 a bailable offense?

Can IPC 181 be applied to both civil and criminal cases?

What is the difference between IPC 181 and IPC 191 (Perjury)?


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