Perjury
Bella Irani
(Querist) 04 June 2012
This query is : Resolved
In a civil suit, the defendant provided false information in their reply to my plaint (the defendant lied). Assuming that I have documentary evidence to prove that they lied in a matter which is important to the case, can I ask the judge to punish the defendant for perjury? Or, do I have to sue them in a criminal court?
Devajyoti Barman
(Expert) 04 June 2012
You have to file a petition u/s 340 crpc in the same court where the party has lied on oath.
If the court finds prima facie merit in your petition than he would send the case to the CJM having local jurisdiction to cause necessary inquiry.
In the CJM court you have to fight the case for perjury in the event it takes cognizance of the case.
R.K Nanda
(Expert) 04 June 2012
You will have to file a separate criminal petition in magistrate court for perjury
against defendant.
ajay sethi
(Expert) 04 June 2012
concentrate on your main case . if defendant has made false statements on oath and your able to prove the same then you will win the case .
you can if you so desire file application under section 340 Cr Pc
Adv.R.P.Chugh
(Expert) 04 June 2012
File S.340 CrPC Application if the court feels that, after a preliminary enquiry that the other party is guilty of perjury, and his/her prosecution is pertinent in the ends of justice - then the court may make a complaint to JM concerned who would proceed with this is as a case based on police report.
MohammedRaffiq Bijapur
(Expert) 04 June 2012
I have different though
Not necessarily to file application for perjury.
If at the time of final judgment, of the case the court convinced that there is an offence committed affecting the administration of justice, it will direct suo moto for inquiry.
Bella Irani
(Querist) 04 June 2012
Dear Experts, thank you for explaining the steps.
