DebUPindia (Practice) 19 July 2010

Perjury Applicability

Hello Everyone

Question1 : What is the applicability or perjury clause in false affidavit, surpressing material facts in civil procedure to maintain the case in lower court?

Question2: PartyA filed incorrect data, manufactured stories in the affidavit proven wrong in cross examination through submitting documents by PartyB. Similar way PartyB also witnessed similar things in cross examination of witnesses from PartyA. So both are incorrect in some form. What is the applicability of Perjury under criminal law from PartyA to PartyB? How strong the case could be where both are incorrect and there is a subjectivity in place?

Thank you

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5 Replies

Devajyoti Barman (Advocate) 19 July 2010

If from the affidavits it is transparent that some false statement has been made then you coulfd file a petition under section 340 so that the court may make an enquiry and if it prima facie finds that there is indeed commission of offence then the process would be issued against the offender.

N.K.Assumi (Advocate) 20 July 2010

A person is said to give false evidence, if he: 1.legally bound by an oath or by an ecpress provisions of law to state the truth 2.being bound by law to to make a declaration upon any subject 3. make any statements which is false 4. which he either knows or believes to be false or does not believe to be true. Intention is the gist of the offence of fabricating false evidence and punishable under section 191, 193 and 199 IPC.

Srinivas (Director) 20 July 2010

Dear Assumi & Devajyothi,

Thanks for the insights. How does one prove intent? I am involved in suits where the opp party is lying ridiculously. At some point it is going to become obvious.

Can we have a prayer that court should suo moto initiate proceedings when it finds false evidence was given?

thanks,

Sriniva