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chanakyam (Consultant)     17 October 2010

can we file perjury case in crpc125

Hello mates,

Can husband file perjury case in crpc 125 case? if yes can we file this perjury based on her false allegations, prior to evindence stage of main MC.

what are the pre-conditions for filing a perjury? can anyone explain in detail.



Learning

 9 Replies

chanakyam (Consultant)     17 October 2010

Can someone through light on this?  Can anyone dealt with perjury cases earlier?  Please suggest.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     17 October 2010

PERJURY IN IPC IS FILED IF U STRONGLY HAVE EVIDENCES/WITNESS OF FALLS STATEMENTS OR FORGERY MATERIALS ARE USED IN THE ADMINISTRATION OF COURT PROCESS (CRPC 340) by the other side.

In any court proceedings if have such evidences you can file a perjury petition.  

chanakyam (Consultant)     17 October 2010

@Aejaz Ahmed sir,

I thank you so much for providing this link.  I too thank Mr. Arun sir, for his eloberated explanation on Perjury.  Its awesome...!!

Adv. Samar (Advocate)     18 October 2010

File Application under Section 340 Cr.P.C beforte the same court.

chanakyam (Consultant)     18 October 2010

What i understood, As per Mr. Aejaz's link, Its not a good idea to file perjury under section 340 crpc, before the opposite party files  their false allegations in the form of affadavit or under oth..  Please correct me if i am wrong

VIJAYARAJ (ADVOCATE)     01 December 2011

 

PERJURY

 

In order to sustain and maintain sanctity and solemnity of the   proceedings in law courts it is necessary that parties should not make false or knowingly, inaccurate statements or misrepresentation and/or should not conceal material facts with a design to gain some advantage or benefit at the hands of the court, when a court is considered as a place where truth and justice are the solemn pursuits. If any party attempts to pollute such a place by adopting recourse to make misrepresentation and is concealing material facts it does so at its risk and cost.

 

 

 

 

 

PROSECUTION OF PERJURY:

 

 

 

1. Legal obligation to state the truth

 

2. The making of a false statement .

 

3. Belief in its falsity.

 

 

 

Criteria for establishing offense:

 

 

 

(a) The statement is false

 

(b) The parson making the statement knew or believed it to be false or did not believe it to be true.

 

(c) The statement was made intentionally.

 

All three criteria must be proved for conviction. Intention is most important.

 

 

 

False evidence is said to be given intentionally, if, the person making the statement is aware or has knowledge that it is false and has deliberately used such evidence in a judicial proceeding with the intention of deceiving the court.

 

 

 

 

 

ELEMENTS OF PERJURY:

 

 

 

1) False statement made by a person Who is --
a) Bound by an oath
b) By an express provision of law
c) A declaration which a person is bound by law to make on any subject
d) Which statement or declaration is false and which he either knows or believes to be false or does not believe to be true.

 

2. Oath must be administered by a person of competent authority.
The authority must be competent to administer the oath. The proceedings where oath is administered must be sanctioned by law.

3. Express provisions of law include—Plaints, Written Statements, and other pleadings.
a) CPC casts a legal duty to speak the truth
b) Verification of pleadings is a legal obligation.
4. Affidavits are declaration made under oath.
5. A statement could be verbal or otherwise.

 

Due to this the related other section which can be used are :


IPC 191: Giving false evidence, judicial perjury
IPC 192: Fabricating false evidence
IPC 193: punishment for offenses u/s 191 & 192 IPC
IPC 194 & 195: Aggravated forms of offenses u/s 191 & 192 IPC
IPC 196 to 200: Offenses punishable in the same way as giving or fabricating false evidence
IPC 201 to 229: Offenses against public justice

OFFENCES U/S 195 CrPC:


(a) IPC 172 to IPC 188 relate to contempts of the lawful authority of public servants and also of attempt to commit or conspiracy to commit such offense or abatement there of.


(b) IPC 193, 194, 195, 196, 199, 200, 205, 206, 207, 208, 209, 210, 211 and 228, when such offense is alleged to have been committed in, or in relation to, any proceeding in any court.

CrPC 195:


Generally any person can lodge complaint of an offence and set the law in motion. Exception to this rule is offences Specified u/s 195 CrPC. Section 195 lays down rules to be followed by the court to take cognizance of an offence specified under it. Court has full discretion in deciding whether any prosecution is necessary or not.


Considerations for sanctioning prosecution:


a) Administration of justice is not hampered


b) Not to be used as a means for wreaking vengeance by people


c) Every incorrect or false statement does not make it incumbent upon the court to order prosecution.


d) Judicial discretion to order prosecution only in the larger interest of administration of justice.


e) When police finds that complaint was false and case is cancelled u/s 173 CrPC, the police can start proceeding u/s 211 IPC against person who lodged false complaint.

CrPC 340:

 
Section 340 CrPC lays down directions for the guidance of the court which desires to initiate prosecution in respect of an offence covered under IPC 195. Court can take action and make a complaint to concerned magistrate u/s 340 either suo motu or on an application made to it on that behalf. Sanction of the public servant court is a must for offenses in (a) under Criteria for establishing offence. Sanction of the court is a must for offenses in (b). under Criteria for establishing offense. Any Civil, Revenue or criminal court can proceed under this section. Person against who proceedings are initiated has no right to participate in preliminary Inquiry. The trial for the offence will be held by the magistrate based on complaint by the court acting u/s 340 sanctioning prosecution. The order is appealable only once and no second appeal or revision lies.

 
Requirements for starting prosecution:


The court is not bound to start prosecution. Only if it is expedient in the interest of justice and affects administration of justice. Contradictory evidence is not enough for prosecution. Offence must have been committed intentionally. Perjury should appear to be deliberate and conscious. Conviction is reasonable probable or likely. Reasonable foundation for the charge must exist. Statement given by complainant in FIR u/s 154 cannot be basis of prosecution u/s 340. Statements given to police u/s 161 are not evidence.

PROCEDURE:


Receive application or suo motu – application can be filed by a person not party to the proceedings in relation to which the offense is committed. The court where application is filed only decides if inquiry should be made Hold preliminary inquiry (not essential in law). Record findings . Make a complaint in writing - include offence, facts on which it is based and evidence available for proving it. The judge has to sign the complaint himself. Forward it to a first class Magistrate having jurisdiction.

 
IPC 192:


No condition to be bound by oath. Reasonable prospect of proceedings and intention to use the fabricated evidence in such proceedings. Proceedings need not be in progress. Material omission is made in an entry or a statement Affidavit- making a document containing false statement to be used as evidence in a judicial proceeding.

 
Criteria:


Particular Intention that false document so made should appear in evidence in a judicial proceeding. Reasonable prospect of using the document is sufficient to establish offence. Should be material to the result of the proceedings- Judge is made to entertain an erroneous opinion touching nay point material to the result of such proceeding based on such fabricated evidence.


IPC 199: False statement made in declaration which is by law receivable as evidence.
IPC  200: Using as true such declaration knowing it to be false.

 

 

 

 

 

Read a judgment about the above in Vijay Syal Vs. State of Punjab

 

 

 

Not only for 125 but for all ,wwhat iam sujjesting is to File an application with court under apt section. Eg: Section 340 (If wrong confinement), 193, 195, 199, 200 etc if perjury is a false affidavit/ written submission/ oral submission in court proceedings etc.

Court will then:

1. Take suo moto action.

2. Conduct an inquiry. Both parties will sign respective statements in the court. Court will then record its findings and one of its officers will sign it. This complaint i.e. from the court will be forwarded to a first class magistrate.

3. That magistrate has the power to deliver a sentence under the clause of perjury. Law will get applied and apt justice will be done.

Perjury is making wrong/false statement on oath before the court in a legal proceeding or before any person of authority in other matter. What is most important ingredient of perjury is that the accused should be aware or should have knowledge such false statement, it is not necessary that all wrong or false statement amount to perjury as this false or wrong statement may have been made by the accused on the basis of some information or wrong knowledge for which he may not be having intention of committing perjury in any matter. If in all cases where one of the party to the suit who losses the legal case in the court is involved for perjury by the other party then we shall be having double the number of cases pending in the courts which not so.


The Indian Penal Code (IPC) under Section 191 defines perjury as “giving false evidence” and by interpretation it includes the statements retracted later as the person is presumed to have given a “false statement” earlier or later, when the statement is retracted. But hardly anyone, including the legal experts, could recall a single case in which a person was prosecuted for making a false statement before the court.

 

 Under section 191 of IPC, an affidavit is evidence and a person swearing to a false affidavit is guilty of perjury punishable under Section 193 IPC which prescribes the period of punishment as seven years imprisonment. However, action against making a false statement should be initiated during the trial itself, and not at the end of it — which may take a long time. That may be a deterrent against persons who intentionally mislead the court or make false statements under oath or file tainted affidavits much against the public good. This is one of the reasons — initiating action against a person for perjury after the trial is over — why in India several perjury cases go totally unnoticed as a fresh trial begins on perjury running into years.

 

 

 

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 December 2011

Chanakyam,,

 

The said article of D Arun is basically from my article on forum.498a.org

https://www.498a.dreamhosters.com/forum/viewtopic.php?f=11&t=4241&hilit=matter+of+concern+that+in+the+Indian+judicial+system

 

It is Dr. D Arun Kumar's way of flattering me that he posted it on this forum, read the original article and ensuing discussion to know more about perjury.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

KNK A Learner (Learning to share)     01 March 2012

You can certainly file Perjury in 125 Crpc Case, Please refer to Delhi High court Judgement

https://lobis.nic.in/dhc/SMD/judgement/25-03-2009/SMD23032009CRLMM11302008.pdf

Thanks to Shonee Kapoor for providing this judgement in

https://www.498a.org/forum/viewtopic.php?f=58&t=5102#p21855

 


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