 The Criminal Code in classifying false evidence or the offence of perjury made no distinction between statements made under oath; under the Penal Code, if the statement is made in a judicial proceeding oath is a sine qua non for the statement to assume the character of false evidence or perjury, if its falsehood is proved.Under section 1 (1) of the English Perjury Act 1911, the statement to amount to perjury must have been made under oath.Under these laws it is irrelevant whether or not the witness’s statement is false at all.