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dns (mo)     24 June 2018

Perjury maintainable or not ?

My neighbour filed a defamation complaint against me ,in its annexure he has attached two police complaints in which he has mentioned that he is a government servant gadzted officer ,although he is working in a public sector undertaking and not a gadzted officer .Can i file perjury complaint on this issue . ?please guide or i should write to police .


 2 Replies

Pradipta Nath (Advocate)     24 June 2018

It is a criminal offence u/s 191,193,195,199 of IPC, 1860 to make false affidavit in one’s pleadings before court of law.

You can even file a private complaint u/s 200 before competent magistrate.

An application can also be filed in accordance with 340 read with 195 of CrPc.

TGK REDDI   24 June 2018

It's not perjury.       Because the documents were created outside the court and then filed.

Perjury is attracted when a false statement is made in the court or when a document already produced in the court is tampered with.      In other words the document should have been tampered with while it's in the custody of the court

If the court returns the document, you can make amendments as you like and resubmit it. 

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