Legal Definitions - false oath

A false oath occurs when an individual makes a statement that they know to be untrue, after having formally promised to tell the truth. This promise is typically made under an "oath" (swearing on a religious text or affirming solemnly) in a legal or official setting. Because such a statement undermines the integrity of legal proceedings and official records, making a false oath is a serious criminal offense, most commonly known as perjury. It requires that the person intentionally made a false statement about a material fact while under oath.

Here are some examples illustrating a false oath:

• Courtroom Witness Testimony:

  Scenario: During a criminal trial, a witness is called to testify. Before speaking, they raise their right hand and swear to "tell the truth, the whole truth, and nothing but the truth." When asked by the prosecutor if they saw the defendant at the scene of the crime, the witness states, "No, I did not," even though they clearly saw the defendant commit the act.

  Explanation: This is a false oath because the witness intentionally provided false information (that they did not see the defendant) after taking a formal oath to tell the truth in a judicial proceeding. Their lie directly contradicts their sworn promise.

• Affidavit for an Official Application:

  Scenario: An individual applies for a government benefit that requires them to submit an affidavit attesting to their current residency and income. In the affidavit, which they sign under penalty of perjury, they falsely claim to live at an address where they do not reside and inflate their income to meet eligibility criteria, knowing these details are incorrect.

  Explanation: By signing an official document that requires an affirmation of truthfulness (akin to an oath) and deliberately including false information about material facts (residency and income), the individual has made a false oath. The "penalty of perjury" clause reinforces the solemnity of their declaration.

• Deposition in a Civil Lawsuit:

  Scenario: In a civil lawsuit concerning a workplace injury, a manager is deposed by the plaintiff's attorney. A deposition is a sworn testimony taken out of court, often recorded. Under oath, the manager states that all safety protocols were strictly followed on the day of the incident, when in fact, they had personally instructed employees to bypass a critical safety step to speed up production.

  Explanation: This constitutes a false oath because the manager knowingly provided an untrue statement about a material fact (safety protocol adherence) during a formal legal proceeding (a deposition) where they were under oath. Their deliberate misrepresentation undermines the discovery process.