Shruti 19 May 2023
If someone lies in SDM (Sub Divisional Magistrate) court suit, such as giving incorrect address for the respondents, so that respondents will never come to know of the case filed in SDM court against them, then what can respondents do? Can they file a criminal case against such appellant for willfully defrauding the respondents?
Niharika Lohan 19 May 2023
Hi Shruti, I'm Adv Niharika and here is my take on your query.
An SDM Court (Executive) is an equally competent court as a Judicial Court and has the power to punish for its contempt and perjury.
Lying in the court of law is Perjury (s.191, IPC and punishment of the same is under s.193 IPC ) the court can either :
1- Suo Moto or
2- on Application by a party,
take cognisance of the same under section 340, read with sec. 344 and sec.190 of Criminal Procedure Court.
I would like you to know that in the case of Tehsildar vs. state of Uttar Pradesh this power conferred under sec 340 is a discretionary power of the court and it is to be used when the Court believes that:
1- the perjury was intentional
2- there is sufficient evidence to prove the same
3- the power vested under 340 is not to be utilised in a casual manner but only to be used sparingly.
The case on complaint of the same will be treated as a police case and the procedure will be that of a summary trial (s.344) , which also means that the maximum term of punishment in such cases will be up to three months.
In another case, Chaggu Ram vs. Radhe Shyam 1970, the Court held that administration of justice requires that such person should be prosecuted who lies in the court of law.
I hope this information helps, in case of further query, you can contact me at niharikalohan@yahoo.com
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