Perjury (also known as forswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an instance of a person's deliberately making material false or misleading statements while under oath. – Also termed false swearing; false oath; archaically forswearing."
Like most other crimes in the common law system, to be convicted of perjury one must have had the intention (mens rea) to commit the act and have actually committed the act (actus reus). Further, statements that are facts cannot be considered perjury, even if they might arguably constitute an omission, and it is not perjury to lie about matters that are immaterial to the legal proceeding. Statements that entail an interpretation of fact are not perjury because people often draw inaccurate conclusions unwittingly or make honest mistakes without the intent to deceive. Individuals may have honest but mistaken beliefs about certain facts or their recollection may be inaccurate, or may have a different perception of what is the accurate way to state the truth. In some jurisdictions, no crime has occurred when a false statement is (intentionally or unintentionally) made while under oath or subject to penalty. Instead, criminal culpability attaches only at the instant the declarant falsely asserts the truth of statements (made or to be made) that are material to the outcome of the proceeding. It is not perjury, for example, to lie about one's age except if age is a fact material to influencing the legal result, such as eligibility for old age retirement benefits or whether a person was of an age to have legal capacity.
Perjury is considered a serious offence, as it can be used to usurp the power of the courts, resulting in miscarriages of justice. In Canada, those who commit perjury are guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years. Perjury is a statutory offence in England and Wales. A person convicted of perjury is liable to imprisonment for a term not exceeding seven years, or to a fine, or to both. In the United States, the general perjury statute under federal law classifies perjury as a felony and provides for a prison sentence of up to five years.See: ; . The California Penal Code allows for perjury to be a capital offense in cases causing wrongful execution. Perjury which caused the wrongful execution of another or in the pursuit of causing the wrongful execution of another is respectively construed as murder or attempted murder, and is normally itself punishable by execution in countries that retain the death penalty. Perjury is considered a felony in most U.S. states. However, prosecutions for perjury are rare.
The rules for perjury also apply when a person has made a statement under penalty of perjury even if the person has not been sworn or affirmed as a witness before an appropriate official. An example is the US income tax return, which, by law, must be signed as true and correct under penalty of perjury (see ). Federal tax law provides criminal penalties of up to three years in prison for violation of the tax return perjury statute (see ).
In the United States, Kenya, Scotland and several other English-speaking Commonwealth nations, subornation of perjury, which is attempting to induce another person to commit perjury, is itself a crime.
Perjury law by jurisdiction Australia Perjury is punishable by imprisonment in various states and territories of Australia. In several jurisdictions, longer prison sentences are possible if perjury was committed with the intent of convicting or acquitting a person charged with a serious offence.
Australian Capital Territory: Perjury is punishable by a fine of up to AU$112,000 or 7 years imprisonment or both. If perjury was committed with the intent of convicting or acquitting someone of an offence which carries a prison sentence, the maximum penalty is AU$224,000 or 14 years imprisonment or both.
New South Wales: Under Section 327 of the Crimes Act 1900, perjury is punishable by imprisonment of up to 10 years. Under Section 328, if a person commits perjury with the aim of convicting or acquitting a person charged with an offence that carries a prison sentence of 5 years or more, perjury is punishable by imprisonment of up to 14 years.
Northern Territory: Perjury is punishable by imprisonment of up to 14 years. If perjury was committed to convict someone of an offence that carries life imprisonment, the perjurer can be imprisoned for life.
Queensland: Perjury is punishable by imprisonment of up to 14 years. If perjury was committed to convict someone of an offence that carries life imprisonment, the perjurer can be imprisoned for life.
South Australia: Perjury and subornation of perjury is punishable by imprisonment of up to 7 years.
Tasmania: Perjury is a crime in Tasmania.
Victoria: Perjury and subornation of perjury is punishable by imprisonment of up to 15 years.
Western Australia: Under Section 125 of the Criminal Code Act Compilation Act 1913, perjury is punishable by imprisonment of up to 14 years. If perjury was committed to convict someone of an offence that carries life imprisonment, the perjurer can be imprisoned for life.
Canada
The offence of perjury is codified by section 132 of the Criminal Code. It is defined by section 131, which provides:
As to corroboration, see section 133.
Everyone who commits perjury is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.Criminal Code, s 132, as amended by RSC 1985, c 27 (1st Supp), s 17 and SC 1998, c 35, s 119.
European Union A person who, before the Court of Justice of the European Union, swears anything which they know to be false or do not believe to be true are, whatever their nationality, guilty of perjury.The Court of Justice of the European Communities (Perjury) Act 1975, section 1 Proceedings for this offence may be taken in any place in the State and the offence may for all incidental purposes be treated as having been committed in that place.The Court of Justice of the European Communities (Perjury) Act 1975, section 2
India "The offence of perjury finds its place in law by virtue of Section 191 to Section 203 of the Indian Penal Code, 1860 ('IPC'). Unlike many other countries, the offence of perjury is muted on account of Section 195 of the Code of Criminal Procedure, 1973 ("Cr.P.C"). Section 195(1)(b)(i) of the Cr.P.C. restricts any court to take cognisance of an offence of perjury unless the same is by way of a complaint in writing by the court before which the offence is committed or by a superior court."
New Zealand Punishment for perjury is defined under Section 109 of the Crimes Act 1961. A person who commits perjury may be imprisoned for up to 7 years. If a person commits perjury to procure the conviction of someone charged with an offence that carries a maximum sentence of not less than 3 years' imprisonment, the perjurer may be imprisoned for up to 14 years.
Nigeria
United Kingdom
England and Wales Perjury is a statutory offence in England and Wales. It is created by section 1(1) of the Perjury Act 1911. Section 1 of that Act reads:
The words omitted from section 1(1) were repealed by section 1(2) of the Criminal Justice Act 1948. Section 1(1) of that Act also abolished penal servitude; such sentences are construed as sentences of imprisonment instead.
A person guilty of an offence under section 11(1) of the European Communities Act 1972 (i.e. perjury before the Court of Justice of the European Union) could be proceeded against and punished in England and Wales as for an offence under section 1(1). Section 1(4) had effect in relation to proceedings in the Court of Justice of the European Union as it has effect in relation to a judicial proceeding in a tribunal of a foreign state., as read with article 2 Due to Brexit, the United Kingdom is no longer subject to that court's jurisdiction and the 1972 Act has been repealed in its entirety.
Section 1(4) applies in relation to proceedings before a relevant convention court under the European Patent Convention as it applies to a judicial proceeding in a tribunal of a foreign state.The Patents Act 1977, section 92(5)
A statement made on oath by a witness outside the United Kingdom and given in evidence through a live television link by virtue of section 32 of the Criminal Justice Act 1988 must be treated for the purposes of section 1 as having been made in the proceedings in which it is given in evidence.The Criminal Justice Act 1988, section 32(3)
Section 1 applies in relation to a person acting as an intermediary as it applies in relation to a person lawfully sworn as an interpreter in a judicial proceeding; and for this purpose, where a person acts as an intermediary in any proceeding which is not a judicial proceeding for the purposes of section 1, that proceeding must be taken to be part of the judicial proceeding in which the witness's evidence is given.The Youth Justice and Criminal Evidence Act 1999, section 29(7)
Where any statement made by a person on oath in any proceeding which is not a judicial proceeding for the purposes of section 1 is received in evidence in pursuance of a special measures direction, that proceeding must be taken for the purposes of section 1 to be part of the judicial proceeding in which the statement is so received in evidence.The Youth Justice and Criminal Evidence Act 1999, section 31(6)
"Judicial proceeding"
The definition in section 1(2) is not "comprehensive".Archbold Criminal Pleading, Evidence and Practice. 1999. Paragraph 28-159 at page 2303.
The book Archbold says that it appears to be immaterial whether the court before which the statement is made has jurisdiction in the particular cause in which the statement is made, because there is no express requirement in the Act that the court be one of "competent jurisdiction" and because the definition in section 1(2) does not appear to require this by implication either.
Actus reus The actus reus of perjury might be considered to be the making of a statement, whether true or false, on oath in a judicial proceeding, where the person knows the statement to be false or believes it to be false.
Perjury is a conduct crime.
Mode of trial
Perjury is triable only on indictment.The Perjury Act 1911, section 1(1); the Magistrates' Courts Act 1980, section 17(1) and Schedule 1, paragraph 14(a)
Sentence
A person convicted of perjury is liable to imprisonment for a term not exceeding seven years, or to a fine, or to both.The Perjury Act 1911, section 1(1); the Criminal Justice Act 1948, sections 1(1) and (2)
The following cases are relevant: R v Hall (1982) 4 Cr App R (S) 153 R v Knight, 6 Cr App R (S) 31, Crim LR 304, CA R v Healey (1990) 12 Cr App R (S) 297 R v Dunlop 2 Cr App R (S) 27 R v Archer EWCA Crim 1996, 1 Cr App R (S) 86 R v Adams 2 Cr App R (S) 15 R v Cunningham 2 Cr App R (S) 61
See also the Crown Prosecution Service sentencing manual.
History In Anglo-Saxon legal procedure, the offence of perjury could only be committed by both jurors and by compurgators.Turner, J. W. C. Kenny Outlines on Criminal Law (London: Cambridge University Press, 1964) (18th edition), p. 421. With time witnesses began to appear in court they were not so treated despite the fact that their functions were akin to that of modern witnesses. This was due to the fact that their role were not yet differentiated from those of the juror and so evidence or perjury by witnesses was not made a crime. Even in the 14th century, when witnesses started appearing before the jury to testify, perjury by them was not made a punishable offence. The maxim then was that every witness's evidence on oath was true. Perjury by witnesses began to be punished before the end of the 15th century by the Star Chamber.