This article is written by – Khushi Chamaria, GIBS, IP University
Recently, The Supreme Court declared that a witness cannot be prosecuted for perjury under Section 193 of the Indian Penal Code merely because of improper information from the witness before the Court.
A perjury prosecution cannot be authorized if there is no intent to present false information, according to the bench, chaired by Chief Justice NV Ramana. Mere improper information alone is not sufficient to take action unless there is proof or any reason to believe that witness has made with intention improper information.
As a civilian and a citizen, we(as a witness) don’t need to know the entire incident line to line for real. It’s impossible to recollect everything! Now just because the information is inconsistent it does not mean that perjury has been committed.
To conclude, the Witness cannot be held responsible for inconsistency in his statements. If the court has solid proof of supporting it, then also should be given the opportunity of being heard by the witness.