And the case or proceeding in which the oath was administered must be one of which the court or tribunal had jurisdiction.59

Hence swearing falsely in a void proceeding or before a body illegally constituted is not perjury, however corrupt the intention may have been in so swearing.60 Or swearing falsely in a matter or proceeding without authority of any court or where no oath is required by law cannot be made the basis of perjury.61