What Happens If You Lie in Court? Delhi High Court Orders Complaint Over a CBI Reply, and What the Law Says

What happened?

The Delhi High Court has ordered a criminal complaint against six CBI officers. This is according to LiveLaw, Bar & Bench, The News Mill, India TV and LawChakra.

The order was passed by Justice Madhu Jain in an appeal filed by a former IRS officer. It was reported on 7 October 2026.

In 2016, the CBI filed a reply in a trial court. It said that talks with the Ministry about further legal action were ‘under way’.

The former officer said this was false. A Special Judge refused to act on his plea. He went to the High Court.

What did the High Court find?

As reported, the court looked at the CBI’s own file. An early draft of the reply said that a government department had turned down a proposal to move the Supreme Court.

That line was dropped from a later draft. A handwritten note said talks were ‘under way’.

The court found that there were no such talks on 2 August 2016. There was only an internal proposal waiting for approval.

The court said an internal proposal cannot be shown to a court as talks already under way. It also did not accept that a later correction, or the lack of harm to the other side, cured the matter.

Does this mean the officers are guilty?

No. The court said this is only a first-look finding, based on the record seen so far. It is not a finding of guilt.

As reported, the Special Judge must write a complaint and send it within four weeks to the Chief Judicial Magistrate in Tis Hazari Courts. The Magistrate will then proceed as the law requires.

Each officer’s knowledge and part in the matter must still be proved. The reports do not carry any reply from the officers or the CBI.

Which sections apply?

The reply was filed in 2016, so the older laws were used. As reported, these were IPC sections 191 and 193, and section 209. The CrPC section for the court’s complaint was 340.

Today’s reader should know the new numbers. In the Bharatiya Nyaya Sanhita (BNS):

• Section 227: giving false evidence. A person bound by oath or by law to state the truth makes a statement that he knows or believes to be false.
• Section 229(1): intentionally giving or making up false evidence in a court case. Up to 7 years and a fine of up to Rs 10,000.
• Section 228: making up false evidence, such as a false entry in a record meant to be used in a court case.

Offences under section 229(1) are non-cognizable (police cannot arrest without a warrant) and bailable (bail is a right).

Why can't you just file a police case?

The law protects court cases from false and angry complaints. BNSS section 215 says a court cannot take note of false evidence in its own case unless the court itself makes a written complaint.

Under BNSS section 379, a court that thinks an inquiry is needed in the interests of justice may make such a complaint. It sends the complaint to a Magistrate of the first class.

The CrPC had a similar rule in section 340. A party can ask the court to use this power, as the former officer did here.

Why does this matter to you?

Every affidavit (a written statement made on oath) and every reply filed in a court is a statement to that court. The law expects it to be true.

A casual false line in a case about land, a marriage or a loan can cause trouble for the person who signed it. It can also hurt the other side.

If you are the other side, ask your lawyer to compare the reply with the papers. If you are filing, check each fact before you sign.