In every justice system, truth is the cornerstone of fairness. When individuals deliberately lie under oath, they not only betray public trust but also threaten the integrity of justice itself. In Sri Lanka, such conduct is criminalised under Chapter XI of the Penal Code, which deals with false evidence and offences against public justice.
What Is “Giving False Evidence”?
According to Section 188 of the Penal Code, a person is said to give false evidence when:
“Being legally bound by an oath or affirmation, or by any express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false, or does not believe to be true.”
This means a person commits the offence if they:
- Are legally bound to tell the truth (for example, in court or in an affidavit);
- Make a false statement verbally or in writing; and
- Do so knowingly, believing it to be false, or without believing it to be true.
Even a false statement about what someone “believes” can qualify as false evidence if the person does not genuinely hold that belief.
Punishments Under the Penal Code
The seriousness of the punishment depends on where and why the false statement was made.
- False evidence in court proceedings – Up to 7 years imprisonment and a fine. This also applies to court-martials and judicial inquiries held outside the courtroom. (Section 190)
- False evidence in other circumstances – Up to 3 years imprisonment and a fine. (Section 190)
- False evidence leading to another’s capital punishment – Up to 10 years rigorous imprisonment and a fine. (Section 190)
- If the false evidence causes a person’s execution – The one who gave it can face the death penalty. (Section 191)
- False evidence to convict someone of a serious crime (7 years or more imprisonment) – Punishment equal to that offence. (Section 192)
- Using known false evidence – Treated the same as giving false evidence. (Section 193)
- Issuing or signing false certificates – Punishable as false evidence. (Section 194)
- Using a false certificate as genuine – Punishable as false evidence. (Section 195)
- Making false statements in legal documents or declarations – Treated as giving false evidence. (Section 195)
- Supplying false information to hide an offender or destroy evidence –
- For crimes punishable by death: Up to 7 years imprisonment and a fine.
- For crimes punishable by 10 years imprisonment: Up to 7 years imprisonment and a fine.
- For lesser crimes: Up to one-fourth of the maximum sentence and/or a fine. (Section 198)
- Failure to report a crime when legally bound to do so – Up to 6 months imprisonment and/or a fine. (Section 199)
- Providing false information about an offence – Up to 2 years imprisonment and/or a fine. (Section 200)
- Destroying a document to prevent its use as evidence – Up to 2 years imprisonment and/or a fine. (Section 201)
- Appearing under another person’s name in a civil or criminal case – Up to 3 years imprisonment and/or a fine. (Section 202)
- Hiding or removing property to prevent seizure or execution of judgment – Up to 2 years imprisonment and/or a fine. (Sections 203–205)
- Submitting false ownership claims or fabricating property rights – Up to 2 years imprisonment and/or a fine. (Sections 204–206)
- Filing false charges or complaints with malicious intent – Up to 2 years imprisonment and/or a fine. (Section 208)
- If the false charge involves a grave offence (death or 7+ years imprisonment) – Up to 7 years imprisonment and a fine. (Section 208)
- Government officers falsifying records to protect someone from punishment – Up to 3 years imprisonment and/or a fine. (Section 215)
False Complaints and Police Misuse
Section 200 of the Penal Code is especially relevant for those who lodge false complaints with the police to frame or harm others. Such acts can be prosecuted and punished under the same provisions emphasizing that misuse of law enforcement power is a grave matter.
Why This Law Matters
False evidence undermines the rule of law and the credibility of the courts. It can destroy lives, erode public confidence, and obstruct justice for victims. By penalising false testimony and fabricated evidence, Sri Lankan law aims to uphold truth, accountability, and the integrity of judicial processes.
In an era where misinformation spreads rapidly, these legal safeguards remind us that honesty in testimony is not only a moral duty but a legal one essential to ensuring justice and fairness in society.