Section 156 - Giving false evidence defined.

Whoever, being legally bound by an oath or by an express provision of law to state the truth or being bound by law to make a declaration upon a subject, makes a statement, verbally or otherwise, which is false in a material particular and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.

Explanation

A false statement as to the belief of the person attesting is within the meaning of this section and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.

Explanation

A material particular within the meaning of this section means a particular which is material to any question then in issue or intended to be raised in that proceeding.

Illustration

(a) A, in support of a just claim which B has against Z for ten pounds, falsely swears on a trial that he heard Z admit the justice of B' s claim. A has given false evidence

(b) A, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that which he knows to be false and therefore gives false evidence.

(c) A, knowing the general character of Z's handwriting states that he believes a certain signature to be the hand writing of Z; A in good faith believing it to be so. Here A's statement is merely as to his belief and is true as to his belief and therefore although the signature may not be the hand writing of Z, A has not given false evidence.

(d) A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not knowing anything upon the subject. A gives false evidence whether Z ,'as at that place on the day named or not.