Perjury in civil suit

Dear querist,

You need to file new application.

Essentials OF PERJURY:

1. Legal obligation to state the truth

2. The making of a false statement .

3. Belief in its falsity .

Criteria for establishing offense:

(a) The statement is false

(b) The parson making the statement knew or believed it to be false or did not believe it to be true.

(c) The statement was made intentionally.

ELEMENTS OF PERJURY:

1) False statement made by a person Who is —

a) Bound by an oath

b) By an express provision of law

c) A declaration which a person is bound by law to make on any subject

d) Which statement or declaration is false and which he either knows or believes to be false or does not believe to be true.

2. Oath must be administered by a person of competent authority.

The authority must be competent to administer the oath. The proceedings where oath is administered must be sanctioned by law.

3. Express provisions of law include—Plaints, Written Statements, and other pleadings.

a)CPC casts a legal duty to speak the truth

b)Verification of pleadings is a legal obligation.

4. Affidavits are declaration made under oath.

5. A statement could be verbal or otherwise.

a) Statement that he believes a thing which he does not believe.

b) Statement that he knows a thing which he does not know.

c)Statement that he knows to be false or does not believe to be true .

d) Statement need not be on a point material to the proceedings.

Due to this the related other section which can be used are :

IPO 191: Giving false evidence, judicial perjury

IPO 192: Fabricating false evidence

IPO 193: punishment for offenses u/s 191 & 192 IPO

IPO 194 & 195: Aggravated forms of offenses u/s 191 & 192 IPO

IPO 196 to 200: Offenses punishable in the same way as giving or fabricating false evidence

IPO 201 to 229: Offenses against public justice

OFFENCES U/S 195 CrPC:

(a) IPO 172 to IPO 188 relate to contempts of the lawful authority of public servants and also of attempt to commit or conspiracy to commit such offense or abatement there of.

(b) IPO 193, 194, 195, 196, 199, 200, 205, 206, 207, 208, 209, 210, 211 and 228, when such offense is alleged to have

been committed in, or in relation to, any proceeding in any court.

CrPC 195:

Generally any person can lodge complaint of an offence and set the law in motion. Exception to this rule is offences. Specified u/s 195 CrPC. Section 195 lays down rules to be followed by the court to take cognizance of an offence specified under it. Court has full discretion in deciding whether any prosecution is necessary or not.

Section 340 CrPC lays down directions for the guidance of the court which desires to initiate prosecution in respect of an offence covered under IPO 195. Court can take action and make a complaint to concerned magistrate u/s 340 either suo motu or on an application made to it on that behalf. Sanction of the public servant court is a must for offenses in (a) under Criteria for establishing offence. Sanction of the court is a must for offenses in (b). under Criteria for establishing offense. Any Civil, Revenue or criminal court can proceed under this section. Person against who proceedings are initiated has no right to participate in preliminary Inquiry. The trial for the offence will be held by the magistrate based on complaint by the court acting u/s 340 sanctioning prosecution. The order is appealable only once and no second appeal or revision lies.

Thanks and Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

In my opinion, the procedure requires an IA to be filed duly supported by an affidavit. Any how, what is the opinion of your advocate?

Very detailed reply. thanks Sir for the time and patience. I here understand, tha the application has to be moved seperately and afresh. Please advice if I can also wrap the plaintiff's advocate on record for he is the person who does  put his sign, attest and present those false affidavits and also argue on false base. May I ask here what is the 'ONUS' of an Advocate who signs/attests an affidavit. Is he supposed to convince himself before affixing his attestation in an affidavit ? Can I add such plaintiff's Advocate  as one of the Respondent to this perjury application. 

Please revert. thanks 

Velu Sir,  I took the help of Advocates, but of no use. They are not only proavctive but inactive too. I gave petition to Judge and requested to let me argue in person. Pls help 

You are making a confused approach, I am afraid. As such, appearing party-in-person, may not be to your advantage. 

You are making a confused approach, I am afraid. As such, appearing party-in-person, may not be to your advantage. 

The wording of section 340 CrPC is very clear on this score. The Court will have to act in the interest of justice even without a complaint when it received information as to a crime having been committed covered by the said provision.

THANKS. BUT I DID NOT GET ANSWER TO MY QUESTION OF ADDING THE ADVOCATE OF THE PLAINTIFF AS PARTY TO MY PERJURY APLICATION. PLS REVERT.

The conduct of the Advocate amounts to polluting the course of administration of justice and is very unfortunate and unhealthy practices, and judicial examination of such conduct will be in the interest of justice.