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Pardha (Lawyer)     08 March 2014

When to file perjury

Respected members,
It's a crpc 125 a maintenance case....
I have few questions regarding perjury..
1. The petitioner stated that she was unemployed and unable to maintain herself is the main ground.
2. After filing the case, subsequently after 3 months the petitioner started working in a IT company with decent salary..
3. At the chief examination and cross examination she suppressed the above said material fact and she deliberately lied before the trail court.
4. The petitioner also filed an interim petition after 3 years from the date of filing the main mc petition.
5. The petitioner's council also confronted a forged documents to the respondent while he was cross examined though the doucments we're not marked but it came in the deposition.
6. The human resource manager given witness that the petitioner is working in the company. 
7. The bank manager given witness that the petitioner is holding an account and the said account is the salaried account, and  for last 3 years the salary is getting deposited into the said account.
Now the step came for arguments, 
Kindly suggest me for the below queries..
Can I file perjury after the competition of this case  as a private complaint ? 
Is it mandatory to file perjury while the case is pending? 


 6 Replies

Kapil Gupta (Advocate)     08 March 2014

Yes, u can file this.

Pardha (Lawyer)     08 March 2014

Gupta sir, am thankful for your suggestion. 


My question is when can I file perjury

1. At the premature stage of the pending case?


2. After the judgement given in the pending case?


Kindly need suggestion..



Shantanu Wavhal (Worker)     08 March 2014

u can file any time before the court pronounces judgement.


340. Procedure in cases mentioned in section 195.

(1) When upon an application made to it in this behalf or otherwise any court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that court, such court may, after such preliminary inquiry, if any, as it thinks necessary,-

(a) Record a finding to that effect;

(b) Make a complaint thereof in writing;

(c) Send it to a Magistrate of the first class having jurisdiction;

(d) Take sufficient security for the appearance for the accused before such Magistrate, or if the alleged offence is non-bailable and the court thinks it necessary so to do send the accused in custody to such Magistrate; and

(e) Bind over any person to appear and give evidence before such Magistrate.

(2) The power conferred on a court by sub-section (1) in respect of an offence may, in any case where that court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the court to which such former court is subordinate within the meaning of sub-section (4) of section 195.

(3) A complaint made under this section shall be signed, -

(a) where the court making the complaint is a High Court, by such officer of the court as the court may appoint;

1[(b) in any other case, by the presiding officer of the court or by such officer of the Court as the Court may authorise in writing in this behalf.]

(4) In this section, “court” has the same meaning as in section 195.

Shantanu Wavhal (Worker)     08 March 2014

344. Summary procedure for trial for giving false evidence.

(1) If, at the time of delivery of any judgment or final order disposing of any judicial proceeding a Court of Session or Magistrate of the first class expresses an opinion to the effect that any witness appearing in such proceeding had knowingly or willfully given false evidence or had fabricated false evidence with the intention that such evidence should be used in such proceeding, it or he may, if satisfied that it is necessary and expedient in the interest of justice that the witness should be tried summarily for giving or fabricating, as the case may be false evidence, take cognizance of the offence and may, after giving the offender a reasonable opportunity of showing cause why he should not be punished for such offence, try such offender summarily and sentence him to imprisonment for a term which may extend to three months, or to fine which may extend to five hundred rupees, or with both.

(2) In every such case the court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.

(3) Nothing in this section shall affect the power of the court to make a complaint under section 340 for the offence, where it does not choose to proceed under this section.

(4) Where, after any action is initiated under sub-section (1), it is made to appear to the Court of Session or Magistrate of the First class that an appeal or an application for revision has been preferred or filed against the judgment or order in which the opinion referred to in that sub-section has been expressed, it or he shall stay further proceedings of the trial until the disposal of the appeal or the application for revision, as the case may be, and thereupon the further proceedings of the trial shall abide by the results of the appeal or application for revision.

Pardha (Lawyer)     09 March 2014

Amit ji I am thankful for your valuable information


Good study of law but it needs to be added by actual results while filing cases in court for perjury.


In the present case no perjury will be attracted.


However there will be many other tactics to delay or prolong the case.

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