April 2 v. BHUBAN SINGH & Ors.

A habeas corpus application was made to the High Court al)eging that one S had been illegally arrested and kept in un lawful custody without any charge being made against him and without obtaining remand from a Magistrate. By way of a return the appellant, a sub-Inspector of Police, filed a false affidavit controverting the allegations made in the application. He was prosecuted and convicted under s. 193· Indian Penal Code. The appellant challenged his conviction on the grounds that: (i) as he was not bound under the law to file an affidavit, the case did not fall under s. 191 of the Indian Penal Code and he could not be convicted under s. 193 ; and (ii) the affidavit having been affirmed as true to the best of the knowledge and belief of the appellant it could not be said which part was true to his knowledge and which to his belief. Held that, the appellant was rightly convicted. It was not necessary for the application of s. 191 of the Indian Penal Code that the accused should be bound under the law to make an If he chose to make one and bound himself on oath affidavit. to state the truth he was liable under s. 193 of the Code if he made a false statement and it was no defence to say that he was not bound to enter the witness-box or make an affidavit. In the present case it was necessary for the appellant to file an affidavit as he was bound to place the facts and circumstances justifying