What is Perjury:
Perjury proceedings are legal action against those persons who have had intentionally
made false statements / had led false evidence in the Court proceedings; or have
tempered with the documents which were in the custody of the Court.
What offences are covered under
Perjury: (1) Intentionally making of false statement, the statement either
orally or in written, and when such statement is given as evidence to prove a
particular fact. IPC S.191. (2) Making
a document containing a false statement, or, by making false entry in any book
or record, or, by creating fake circumstances, and giving the said document
containing the false statement or entry as evidence to prove a particular fact.
IPC S.192. (3) Knowingly using false
evidence, as genuine evidence. It would include such cases where the person
although is not involved in fabricating false documents, yet tender those false
documents in evidence knowing well that the said documents are false. IPC S.196. (4) Knowingly issuing or signing a false
certificate which may be used in evidence. IPC S.197. (5) Knowingly using a false certificate, as true certificate. IPC
S.198. (6) Intentionally making of a
false statement in one’s pleadings which may be received as evidence, as to such
point which is material to the object of making such pleading, before the Court
or to any public Servant. IPC S.199. [(2014) 9 SCC 230]. (7) Knowingly using such pleadings containing the false statement,
as true. It would include such cases where the person although doesn’t himself
make false statement, yet uses those false statements knowing well that the
said statements are false. IPC S.200 (8)
Altering / tempering of documents which are there in the custody of the
Court. IPC Sections 463, 471, 475, 476 r/w Section 195(b)(ii) of CrPC, 1973.
Whether F.I.R. or Private
complaint can be made for these offences: Ordinarily, there
are two ways by which the machinery of law is set into motion against any
person – (1) By registering F.I.R.
before Police u/s 154 or by making Application u/s 156(3) to the Magistrate, to
register the F.I.R., investigate the offence and file Police Report; (2) By making a private complaint
before the concerned Magistrates Court u/s 200. However,
in offences involving perjury stated hereinabove, due to express prohibition
contained in section 195 of CrPC, 1973, the criminal proceedings can only be
initiated by making an Application u/s 340 of CrPC, 1973.
Before which
Court the Application u/s 340 is to be made: The said Application is to be made before the Court
where allegedly the offence of perjury is being committed; or the Application may
also be made before such higher Court to which that concerned Court is
subordinate. Such Application may also be made
before concerned High Court by virtue of Section 195(4) of CrPC, 1973, r/w
Article 227 of the Constitution of India [AIR
2014 SCW 993]. Application under this section 340 may be taken out
in any Court, Civil, Criminal or Revenue Courts, or in a Statutory Tribunal,
which is declared as a Court. [Section 195(3)]
What is the
nature of Relief which is asked in this Application: The limited Relief which is sought in these proceeding is
praying the said court to refer in writing the
said offences to the competent Magistrate Court of jurisdiction. The Prayer
clause may include (a) The Hon’ble Court may pleased to initiate Inquiry
into the allegations made against the Respondents herein; (b) The Hon’ble Court may caused to make a
complaint in writing; and caused to send it to a Magistrate of the first class
having jurisdiction against the Respondent herein; (c) The Hon’ble Court may
pleased to take sufficient security for the appearance for the Respondent
accused before such Magistrate, or if the alleged offence is non-bailable and
the Court thinks it necessary so to do, send the accused in custody to such
Magistrate. There are instances where the High Courts and Apex Court have
imposed very heavy cost upon such person involving in perjury offences [AIR
2016 SC 345].
What is the
approach of the Court in dealing with such Application: There are two pre conditions for initiating proceedings
under Section 340 CrPC - (i) materials produced before the court must make out
a prima facie case, for the purpose of inquiry into an offence alleged of; and
(ii) it is expedient in the interests of justice that an inquiry should be made
into the alleged offence; that is to say, the court must prima facie satisfy
itself on two aspects (a) the proposed accused has intentionally / knowingly
made false statement / led false evidence; (b) and the nature of false
statement / evidence, etc. was material to the issue which is to be decided by
the Court. [AIR 2016 SC 5384]
In
these Applications, the Court is not obliged to hear proposed Accused, that is
to say, there is no obligation upon Court to afford opportunity of hearing to
the party against whom the said proceedings are intended to be initiated. [AIR
2002 SC 236].
The
crux of the mandate of section 340 is formation of an opinion by the court that
it is expedient in the interest of justice that an inquiry should be made into
an offence which appears to have been committed. In order to form such opinion
the court is empowered to hold a preliminary inquiry. However, It is not
peremptory that such preliminary inquiry should be held in every case, and even
without such preliminary inquiry the court can form such an opinion when it
appears to the court that an offence has been committed in relation to a
proceeding in that court.
It
is important to notice that even when the court forms such an opinion it is not
mandatory that the court should make a complaint. This sub-section has
conferred a power on the court to do so. It does not mean that the court
should, as a matter of course, make a complaint. But once the court decides to
do so, then the court should make a finding to the effect that on the fact
situation it is expedient in the interest of justice that the offence should
further be probed into. [2016 CrLJ 1090 SC]
Whether filing of
forged documents in judicial proceeding amounts to Perjury: As regards alleged filing of forged document is concerned,
an F.I.R., or Application u/s 156(3) or `complaint u/s 200 may be made, and bar
created u/s 195 does not come into play. It is based on the premise of the
interpretation of the said section 195, wherein the Apex Court have held that
bar created u/s 195 would come into play only when the alleged forgery have
been committed when the concerned document was in the custody of the Court; and
in cases where the forgery is alleged to have taken place before the case was
filed, there is no bar to register F.I.R. etc. [AIR 2005 SC 2119; 2016 CrLJ
1920; AIR 2012 SC 2513]
What if perjury is alleged to have
been committed in proceedings before Tribunals / quasi judicial bodies: Where
offence of perjury is alleged to have been committed in proceedings before
Tribunals / quasi judicial bodies, then, F.I.R. or a private complaint can be
filed directly; and the prohibition contained in section 195 of CrPC doesn’t
come into play. However, where the offence of perjury is alleged to have been
committed in proceedings before Tribunals / quasi judicial bodies, and if such
tribunal / quasi judicial body is declared as “Court” in the Statute, then,
application has to be made in accordance with section 340 of CrPC, 1973. [AIR
2012 SC 466]
Who are the Parties to the Application:
The parties to the Application would ordinarily be the same as
mentioned in the original proceedings, under which this Application u/s 340 of
CrPC, is preferred.
Whether there is any time limit
within which this Application must be made: Perjury offences
are very serious in nature, and therefore, the law of limitation does not apply
to these kinds of offences; and the Application may be taken out before or
after the conclusion of the main proceedings. However, as stated hereinabove, the
Application may also be taken out before respective High Court, after the conclusion
of the main proceedings.
What is the nature of Application
u/s 340: The Application may be taken in the form of a Notice of Motion /
Misc. Application, with a Prayer Clause, duly verified by the Applicant. No
particular form appears to have been prescribed under the law.
At what stage the Application is to
be decided: Ordinarily, the Application is to be decided after the conclusion
of main proceeding. [AIR 2012 SCW 536]
Whether every false statement /
evidence attract Perjury offence: Not every false statement /
evidence attract Perjury offence. [AIR
2001 SCW 2361; AIR 2011 SCW 1838; AIR
2013 SC 1048; AIR 2016 SC 5384]
Whether Courts have power to purge
offence of Perjury: The High Courts and the Apex Court, may in their discretion, on
tendering unconditional apology, may purge the offence of perjury. [(2016) 6
SCC 253]
Sandeep Jalan
Advocate
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