Thanks for giving citation regarding perjury
Querist :
Anonymous
(Querist) 25 October 2011
This query is : Resolved
Respected experts,
query: perjury application can be submitted at any stage of the proceedings whenever one comes to know about the findings.
specially in criminal cases, like DV case and 498A, 125 crpc and many such others
can prejury be applied for intentional known false claim too. presence of discrete statement in different paras through affidavit amounts to perjury .
wifes are generally misleading the hon. court through affidavit as their part they dont want to prove but simply wants to claim specially in false filled cases.
thank you in advance
in continuation of query
claims are discreating from para to para under the same amount and not written in affidavid to the best of my knowledge, but the entire complain is made on affidavit. clear written statement " main application shall be treated and considered as part of this affidavit.
in such a sequence
Arun Kumar Bhagat
(Expert) 25 October 2011
Making allegation and making false claim are two different things. Making claim assuming certain facts is not perjury. In affidavit in last line it is written " That the statements made in Para ......... are true to the best of my knowledge and belief".
Devajyoti Barman
(Expert) 25 October 2011
Yes every false statement does not amount to perjury.
Moreover only because one allegations can not be proved does not mean that the same is perjurious.
So without knowing full details of your case it is difficult to comment whether the case is u/s 340 crpc is applicable or not.
prabhakar singh
(Expert) 25 October 2011
Under section 191 of IPC, an affidavit is evidence and a person swearing to a false affidavit is guilty of perjury punishable under Section 193 IPC which prescribes the period of punishment as seven years imprisonment. However, action against making a false statement should be initiated during the trial itself, and not at the end of it.
The Best Bakery case relating to the Gujarat communal riots and model Jessica Lall’s murder — have brought into sharp focus the issue of “perjury”, defined in Indian penal laws as “giving false evidence”.
While the Bombay special trial court in the Best Bakery case has issued notices to Zaheera Sheikh for “perjury” or “false evidence” as she had retracted her statements several times, the Delhi high court has suo motu taken cognisance of the police/prosecution theory on “hostile witnesses” in the Jessica Lall murder case.
Both the cases demonstrate that time has come in India to strictly enforce the law relating to “perjury” or “false witness”, which would go a long way in future criminal cases. For a person’s statement on oath, testimony, and/or in sworn affidavit is regarded as truth (unless the contrary is established), are vital evidence on which judicial decisions are made.
As a judge put it, cases of perjury would outnumber all other categories of cases, if the Indian courts started taking action against falsehood. But the Best Bakery case, as indeed the Jessica Lall murder case, have become high profile cases and are therefore being discussed in detail.
ajay sethi
(Expert) 25 October 2011
agree with experts
Sankaranarayanan
(Expert) 25 October 2011
yes i do agree with all experts. Mr prabhakar singh given his special way of opinion with citation
Shonee Kapoor
(Expert) 25 October 2011
Don't make it pre-mature, let it be settled in evidence stage atleast.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
