Procedure of Perjury Proceedings
(False Evidence / False Statement in Court)
Prepared By :
Adv. Usha Vats & Adv Manoj Parashar
Relevant Law:
Sections 191–193 of the Indian Penal Code (IPC) - Define and punish perjury (giving false evidence).
Section 340 of the Code of Criminal Procedure (CrPC) - Prescribes the procedure to take action for perjury.
1. Meaning of Perjury (False Evidence)
A person commits perjury when:
They make a false statement under oath or affirmation in court or before any authority legally competent to administer an oath,
And the statement is material to the proceeding,
And they knew it was false or did not believe it to be true.
Example:
If a witness knowingly gives a false statement during cross-examination, that’s perjury.
2. Legal Provisions Involved
3. Step-by-Step Procedure under Section 340 CrPC
Step 1: Detection by Court
The court (civil, criminal, or tribunal) no>ces that someone has knowingly given false evidence or fabricated evidence in its proceedings.
Step 2: Preliminary Inquiry
The court may conduct a preliminary inquiry (not a full trial) to verify:
Whether false evidence was indeed given, and
Whether it is expedient in the interest of justice to prosecute.
Step 3: Recording of Findings
The court records its findings in writing that:
(a) An offence appears to have been commi\ed under Sec>on 191–193 IPC, and
(b) It is necessary to prosecute the person.
Step 4: Complaint in Writing
The court then files a written complaint to the Magistrate of First Class having jurisdic>on, as per Section 340(1)(b) CrPC.
Step 5: Magistrate Takes Cognizance
The Magistrate takes cognizance of the complaint under Section 343 CrPC, and proceeds to:
Examine the witnesses,
Frame charges under IPC 191–193, and
Conduct the trial for perjury.
Step 6: Punishment
If convicted under Section 193 IPC, punishment can be:
Up to 7 years imprisonment, and
Fine.
4. Who Can File?
Under Section 195(1)(b)(i) CrPC:
Only the concerned court (where perjury occurred), Or
Any higher court to which it is subordinate, can initiate perjury proceedings.
Private persons cannot directly file perjury cases - they can only move an application to the court requesting it to act under Sec>on 340 CrPC.
5. Important Case Laws
6. Key Points to Remember
The offence of perjury cannot be privately prosecuted.
The court’s discretion is crucial — it acts only if justice demands.
The false statement must be material to the issue.
The intention to mislead must be proven.
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Model Draft Application under Section 340 CrPC
IN THE COURT OF ___________
(Name of the Court)
At: ___________
Case No.: ___________
In the matter of:
[Your Name] — Applicant/Petitioner
Versus
[Name of the Opposite Party / Witness] — Respondent
APPLICATION UNDER SECTION 340 OF THE CODE OF CRIMINAL PROCEDURE, 1973 READ WITH SECTION 195(1)(b)(i) CrPC FOR INITIATION OF PROCEEDINGS UNDER SECTIONS 191 & 193 IPC FOR GIVING FALSE EVIDENCE
MOST RESPECTFULLY SHOWETH:
1. That the above titled matter is pending before this Hon’ble Court and during the course of proceedings, the Respondent/Accused/Witness has knowingly given false evidence and/or filed false affidavits/documents before this Hon’ble Court.
2. That the said false statement/document was material to the issue under consideration and was made wilfully and deliberately with the intention to mislead this Hon’ble Court and to obstruct the due course of justice.
3. That the falsehood of the said statement/document is apparent from the record, as evident from:
(a) The contradiction between the affidavit dated _______ and the deposition dated _______; and
(b) Documentary evidence such as _______.
4. That such acts constitute offences under Sections 191 and 193 of the Indian Penal Code, i.e., giving and fabricating false evidence.
5. That in terms of Section 195(1)(b)(i) CrPC, no court shall take cognizance of such offence except upon a complaint in writing of this Hon’ble Court.
6. That it is therefore expedient in the interest of justice that appropriate proceedings be initiated against the Respondent under Sections 191 & 193 IPC, as contemplated under Section 340 CrPC.
PRAYER
In view of the foregoing, the Applicant most respectfully prays that this Hon’ble Court may be pleased to:
1. Hold a preliminary inquiry under Sec>on 340 CrPC to determine whether an offence of perjury has been commi\ed;
2. Upon such finding, file a written complaint before the competent Magistrate under Section 343 CrPC; and
3. Pass such other and further orders as this Hon’ble Court may deem fit and proper in the interest of jus>ce.
Place: ___________
Date: ___________
(Signature)
[Name of Applicant]
Through Counsel: ____________________
Advocate Enrollment No.: ___________
Enclosures (if applicable):
1. Copy of affidavit/deposi>on alleged to be false
2. Copies of contradictory evidence
3. Supporting documents and court orders
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