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LOHESHVARA (pvt)     18 October 2011

What is the minimum punishment

What is the minimum punishment for the perjury case. If wife gives false affidavit as she is not working and is not maintainable at the time of filing case and we produce the document as she is working and getting handsome salary.

Regards

Renuka Prasad HR



Learning

 3 Replies

Adv. Subhadeep Saha (Lawyer.)     18 October 2011

Sec.193 of IPC prescribes punishment for the offence of perjury or giving false evidence. The section does not prescribe any minimum punishment as such. It only provides for maximum punishment which is 7 yrs jail term & fine or 3 yrs jail term & fine as the case may be depending upon the situation in which the false evidence was rendered. 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     18 October 2011

Dear Renuka

read it

Section 193. Punishment for false evidence

 

Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine,

 

and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either descripttion for a term which may extend to three years, and shall also be liable to fine.

 

Explanation 1

 

A trial before a Court-martial; 1[* * *] is a judicial proceeding.

 

Explanation 2

 

An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.

 

Illustration

 

A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. A this enquiry is a stage of a judicial proceeding, A has given false evidence.

 

Explanation 3

 

An investigation directed by a Court of Justice, according to law, and conducted under the authority of a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.

 

Illustration

 

A, in any enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding. A has given false evidence.

 

CLASSIFICATION OF OFFENCE

 

Para I

 

Punishment—Imprisonment for 7 years and fine—Non-cogniza­ble—Bailable—Triable by Magistrate of the first class—Non-com­poundable.

 

Para II

 

Punishment—Imprisonment for 3 years and fine—Non-cogniz­able—Bailable—Triable by any Magistrate.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 October 2011

There is no minimum punishment. I have seen Rs. 100/- fine too.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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