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Zeeshan (Hidden)     27 July 2025

How tile perjury u/s 340 crps ? new case or application in ongoing case ?

How tile perjury u/s 340 crps ? New case or application in ongoing case ?

I have a ongoing case of declaration with my tenant 'nanney' who claim himself as tenant on the basis of fake papers. Therein, he bring a fake witness who stated that Nanney called me through his grandson in year 1998. but I got proof that in 1998 the grandson was not even born.

Now I want to file perjury u/s 340

How to file it ? New case with fresh vakalatnama or an Application in ongoing declaration case ?

Please suggest.

Thanks



 5 Replies

T. Kalaiselvan, Advocate (Advocate)     27 July 2025

The first step is to identify the false statement made under oath. This statement must be material to the case and made intentionally. While not mandatory, the court may conduct a preliminary inquiry to assess if there's sufficient evidence to support the perjury allegation. The court where the perjury is alleged to have occurred must first form an opinion that perjury has likely been committed. It must also decide whether it's in the interest of justice to pursue a perjury case. If the court decides to proceed, it will make a written complaint, including details of the offense, facts, and evidence, and forward it to a First Class Magistrate. 

Zeeshan (Hidden)     27 July 2025

Thanks

But unclear to me. I still can't understand how to file perjury ? New case or application in ongoing case ?

T. Kalaiselvan, Advocate (Advocate)     28 July 2025

To file a perjury case in India, one typically needs to initiate proceedings under Section 340 of the Code of Criminal Procedure (CrPC), 1973.

This involves the court where the alleged perjury occurred forming an opinion on whether it's expedient in the interest of justice to inquire into the offense, recording a finding, and then making a formal complaint to the appropriate Magistrate. 

The court where the alleged perjury occurred (e.g., a civil, revenue, or criminal court) must first determine if there's a prima facie case of perjury based on the evidence presented.

This involves examining the documents and evidence before the court to see if a deliberate false statement was made under oath, which is a material issue in the case

The court must also consider whether it's in the interest of justice to pursue the matter further. 

If the court is satisfied that a perjury offense may have been committed and it's in the interest of justice to proceed, it will make a formal, written complaint addressing the magistrate of first class. 

The Magistrate receiving the complaint will then conduct a trial for the perjury offense. 

You can discuss with your advocate on all such further issues. 

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Dr. J C Vashista (Advocate )     28 July 2025

It is to be filed in ongoing case with relevant records / evidence(s).

1 Like

P. Venu (Advocate)     29 July 2025

In our country the alleged offence of perjury is more or less not operational. The prime reason, to my knowledge, is that the judicial officer of the concerned court need to appear as witness during the trial before the Magistrate.


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