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Firdaus (Proprietor)     04 December 2015

False affidavit in high court - perjury ?

Mr. A is the school principal of XYZ High School (which is a 100% grant-in-aid institution). This school is run by XYZ Society (a Society registered under the Societies Registration Act). His salary is reimbursed by the State Education Department. 

 

In a High Court matter concerning PQR Primary School which is run by PQR Society (another Society registered under the Societies Registration Act), Mr. A files reply signing in his capacity as Principal of PQR Primary School making an affidavit under oath. This PQR Primary school is a private unaided school.

 

Both the schools are run by same people from a common premises although being run under two separately registered Societies.

 

Queries :

(1) Which Sections of IPC and CrPc are attracted  for filing a false affidavit in High Court ?

(2) Would only parties to the High Court case have the locus to file complaint against this act of perjury or can any citizen file a complaint drawing the attention of the High Court ?

(3) What would be the best line of action to ensure that the guilty school principal is punished ?

 

 



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     05 December 2015

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.

Due to this the related other section which can be used are :
IPO 191: Giving false evidence, judicial perjury
IPO 192: Fabricating false evidence
IPO 193: punishment for offenses u/s 191 & 192 IPO
IPO 194 & 195: Aggravated forms of offenses u/s 191 & 192 IPO
IPO 196 to 200: Offenses punishable in the same way as giving or fabricating false evidence
IPO 201 to 229: Offenses against public justice.

S K KARNjhc (Legal Adviser)     09 January 2016

you have been elaboratory described, agreed with the learned one

 


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