witness lies or cheat during probating a wil

Good evening,

Perjury refers to the action of false witness statements. If a witness willingly states false statements, and lies in the Court, or fabricates evidence to disrupt the judicial proceeding, will be liable to a punishment of imprisonment. Section 344(1) of the Code of Criminal Procedure (CrPC) states- "if, at the time of delivery of any judgment or final order disposing of any judicial proceeding, a Court of Session or Magistrate of the first class expresses an opinion to the effect that any witness appearing in such proceeding had knowingly or wilfully given false evidence or had fabricated false evidence with the intention that such evidence should be used in such proceeding, it or he may, if satisfied that it is necessary and expedient in the interest of justice that the witness should be tried summarily for giving or fabricating, as the case may be, false evidence, take cognizance of the offence and may, after giving the offender a reasonable opportunity of showing cause why he should not be punished for such offence, try such offender summarily and sentence him to imprisonment for a term which may extend to three months, or to fine which may extend to five hundred rupees, or with both."

This simply means that if a magistrate feels that the evidence is fabricated, that witness will be tried separately, giving such witness a chance to explain their reasons for fabricating such evidence. Such an offender/false witness will be imprisoned, fined, or both. For wills, witnesses are necessary to make the will valid. Their presence and signature is required to make the will of the testator valid, and legal or else it will be considered void. The witnesses also make sure that the testator has the capability and capacity to make their own decisions without being influenced. Such witnesses are required to visit the Probate Court to answer few questions asked by the Court-

• regarding their presence in the room while the will was made,
• regarding the testator's state of mind, and also
• regarding the awareness of the contents of the will.

If witnesses commit the action of perjury they will be punished accordingly. 

We can help you better, if you could be specific with regards to the concerns of your query. 

Regards,

Nandini.