Perjury case of filing false effidavit

Move application u/s 340 Cr. P. C before the judicial magistrate who decided the criminal complaint case. The power to recommend perjury prosecution u/s 193 IPC against the person who committed in the court proceedings is only with the presiding officer of the court only. No police complaint can be made out. No FIR will be registered as it's not a cognizable offence.

Hi All,

Thanks for your reply.

Nature of the case is that one lady has filed a case that the property is her father’s joint family property and she and her other family members is HUF and in joint possession of the property after the death of her father in 1998. As a coparcener of the family she is entitle for 1/8 share in the property.

Case was filed in 2014 by her hiding all these facts which was known to her that the property was already divided between family in 2001.  She has included her all family members as defendants. I was the third party to the case since I bought one of the property in 2006.  Case was dismissed in 2017 based on the supreme court judgement that the daughter has no right in property if the father is not alive as on 2005.

• However, this property was not joint family property of father. It was a self-acquired property
• It was also divided between the family members in 2001 and facts were known to her.
• Cause of action to file the case was given wrong to court where as there was already an injunction suit pending in the court against the same family including her. This suit was filed in 2013 where cause of action was in 2013. Her photograph and video were already produced as an evidence. She was also served the notice before she filed the suit for separate possession.
• She has also said that there is no other case related to same property whereas injunction suit was pending within her knowledge.
• Family was not in HUF.

All were to mislead the court to het the undue benefit of Hindu Succession act 2005 and avoid the law of limitation and court fee.

Fortunately, the case was dismissed on my AI based on the supreme court decision by concluding that the daughter had no rights in the joint HUF property if father is not alive as on 2005.

Due to such misleading to the court case was run for 4 years and I lost around 35 lakh otherwise it would have been cancelled much earlier because of law of limitation and court fee.

What Should I do at this stage? How can I file the case of misleading and filing false evidence in the court? Case is dismissed and how can I now even file the complaint under 340 crpc. I can’t file a PCR since IPC section 193 then would be barred by the section 195 of crpc.

This was a civil case not an criminal case.

Please advice. 

False statements in the Plaint do not attract Perjury but Forgery.      A Complaint can be filed not only by the aggrieved party but also by any C.

False statement in the Affidavit attracts Perjury.     The Officer before whom the Affidavit was sworn or his senior can only file a Complaint.     You can requet him to file a Complaint.     If he's either uninterested or disinterested, you can approach his higher authorities.   The matter then ends.

Shri Ramesh Singh.

Dear Sir

I typed Sec 195 Cr P C in Google.     I selected S.195 r/w 340 Bar to Cognizance of offences by the Magistrate.     I relied on para 4 for my Reply.

Not offences by the Magistrate.    Cognizance by the Magistrate.

I always write or speak under correction.    My opinions are not unchallengeable.    I appreciate honourable members' refutals more than their likes.

The proceedings of Perjury run concurrently with the main case.

Whether same applies in civil cases where there is a false declaration in the affidavit and also whether to substantiate the false hood, evidence given by the same persn in other cases tried in a different court could be used.  

Under which section can one file forgery? 

Court will not allow 340 CrPC in this case.

But you can file a complaint case under Section 209 in The Indian Penal Code because as per section 209 IPC offence is completed once false claim filed in the court.

File a complaint against her in the same court under section 211 of the Indian Penal Code. 

Plaint given in the court is supported by affidavit saying that all the information given in the plain is true. Is it not amount to the false statement in the affidavit.     

Some of the observation of Allahabad high court in in recent judgement in APPLICATION U/S 482 No. - 12840 of 2016

“ In certain cases, the law requires a declaration from a person on verification in a pleading, and if such a declaration is made falsely it will come under this clause. Section 191 and 192 deal with perjury and filing of false affidavit in pleadings would be covered under Section 191. Section 191 deals with evidence on oath and Section 192 with fabricating false affidavits; the offence under Section 191 IPC is constituted by swearing falsely when one is bound by oath to state the truth because a declaration made under an oath. The definition of the offence of giving false evidence thus applies to the affidavits. The offence may also fall within Section 192 which, inter alia, lays down that a person is said to fabricate false evidence if he makes a document containing a false statement intending that such false statement may appear in evidence in a judicial proceeding and so appearing in evidence may cause any person who, in such proceedings is to form an opinion upon the evidence to entertain an erroneous opinion touching any point material to the result of such proceedings. Therefore, where declarations in affidavits which were tendered in the Court to be taken into consideration, the authors of the affidavit clearly intended the statement to appear in evidence in a judicial proceedings and so appearing, to cause the Court to entertain an erroneous opinion regarding the compromise, therefore, the offence would fall within Section 191, 192 which is punishable under Section 193 IPC, therefore, it was held that the authors of the affidavits were guilty of offence of giving false evidence or fabricating false evidence for the purpose of being used in judicial proceedings.”

“Consequently, there cannot be any doubt that if a statement or averment in a pleading is false, it falls within the definition of offence under Section 191 IPC. It is not necessary that a person should have appeared in the witness box. The offence stands committed and completed by the filing of such pleading.”

“Therefore, false averments in pleadings are sufficient to attract Chapter XI of the Indian Penal Code.”

In the given case of mine, court has also concluded my one of the IA filed for insufficient court fee that the case of the plaintiff is to get her separate share from Hindu undivided joint family property of her father therefore court fee is sufficient. Now if the property was a self-acquired property then surly court fee would have been paid on market value.

In this case court, has made an opinion and given judgement based on the averments of the plant and the objection filed by plaintiff which was wrong.

Please give you advice what I should do further. 

Plaint given in the court is supported by affidavit saying that all the information given in the plain is true. Is it not amount to the false statement in the affidavit.     

Some of the observation of Allahabad high court in in recent judgement in APPLICATION U/S 482 No. - 12840 of 2016

“ In certain cases, the law requires a declaration from a person on verification in a pleading, and if such a declaration is made falsely it will come under this clause. Section 191 and 192 deal with perjury and filing of false affidavit in pleadings would be covered under Section 191. Section 191 deals with evidence on oath and Section 192 with fabricating false affidavits; the offence under Section 191 IPC is constituted by swearing falsely when one is bound by oath to state the truth because a declaration made under an oath. The definition of the offence of giving false evidence thus applies to the affidavits. The offence may also fall within Section 192 which, inter alia, lays down that a person is said to fabricate false evidence if he makes a document containing a false statement intending that such false statement may appear in evidence in a judicial proceeding and so appearing in evidence may cause any person who, in such proceedings is to form an opinion upon the evidence to entertain an erroneous opinion touching any point material to the result of such proceedings. Therefore, where declarations in affidavits which were tendered in the Court to be taken into consideration, the authors of the affidavit clearly intended the statement to appear in evidence in a judicial proceedings and so appearing, to cause the Court to entertain an erroneous opinion regarding the compromise, therefore, the offence would fall within Section 191, 192 which is punishable under Section 193 IPC, therefore, it was held that the authors of the affidavits were guilty of offence of giving false evidence or fabricating false evidence for the purpose of being used in judicial proceedings.”

“Consequently, there cannot be any doubt that if a statement or averment in a pleading is false, it falls within the definition of offence under Section 191 IPC. It is not necessary that a person should have appeared in the witness box. The offence stands committed and completed by the filing of such pleading.”

“Therefore, false averments in pleadings are sufficient to attract Chapter XI of the Indian Penal Code.”

In the given case of mine, court has also concluded my one of the IA filed for insufficient court fee that the case of the plaintiff is to get her separate share from Hindu undivided joint family property of her father therefore court fee is sufficient. Now if the property was a self-acquired property then surly court fee would have been paid on market value.

In this case court, has made an opinion and given judgement based on the averments of the plant and the objection filed by plaintiff which was wrong.

Please give you advice what I should do further. 

There's a Chapter on Forgery in IPC.    Please remember you can't be a Complainant if the Document is forged which is in the custody of the court.

As you have said matter in the affidavit attracts perjury, then in the affidavit, if the person declares that the matter in the application for which the affidavit was made, is true to best of his knowledge and if it can be shown with evidence that the statements in the application is not true or is contracditory to evidence given in other courts, then it should be a case of perjury.