Falsus in Uno, Falsus in omnibus

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee

Advocate

Falsus in Uno, Falsus in omnibus-

Tanmoy Mukherjee

[Advocate]

Meaning of the maxim-

Literal meaning- "False in one thing, false in everything."

Essence- If a witness lies about one fact, their entire testimony is unreliable.

Applicability in India-

Under the BSA, this maxim does not have any statutory recognition.

Reason- Section 2(e) of BSA defines evidence, and the court is empowered to assess its credibility.

Section 119 (Illustration g)- Allows the court to presume that evidence which could be and is not produced would, if produced, be unfavorable. But this is only a presumption, not a mandatory rule like the maxim.

Indian Courts have consistently rejected a strict application of this doctrine because-

1. Witnesses may mix truth with falsehood.
2. Social and psychological factors may lead to exaggeration.
3. If the doctrine were applied rigidly, many guilty persons could escape conviction.

Instead, the courts follow the principle of "shifting the grain from the chaff" – accepting truthful portions and rejecting false ones.

Leading Case-

Bharatiya Nyaya Sakshya Adhiniyam connection-

    Principle Evolved in India -

Falsus in uno, falsus in omnibus-not applicable.

Instead, Indian courts apply:

 Doctrine of separation of truth from falsehood. Testimony of witnesses is to be sifted carefully. Conviction can be based on credible parts, even if some parts are false.