The Queen vs Habibu Mahamadu – clr volume 3 page 057

In The Queen v. Habibu Mahamaddu, the court considered whether, under section 190 of the Penal Code, materiality is an essential element of the offence of intentionally giving false evidence, as the statutory definition in section 188 omits mention of materiality. The defendant, while testifying, falsely denied signing a power of attorney. The District Judge acquitted the defendant on the ground that the materiality of the false statement had not been established. On appeal, the court examined the effect of incorporating English principles via the Ordinance No. 3 of 1846 and the application of Indian judicial approaches. It was held that interpretation should focus on the express language of the Penal Code, reaffirming that materiality is not an essential element unless specifically includ