WHAT IS PERJURY?

What is Perjury?

Perjury is a wilful assertion as to a matter of fact, opinion, or knowledge made in a judicial proceeding by a witness as part of his evidence. Perjury is committed by making an assertion either by taking an oath or in any other form allowed by law as a substitute for an oath. While making such an assertion the witness knows the statement to be false and intended to mislead the court by intentionally swearing a false oath or making an affirmation of fact to be true while knowing it to be untrue. Perjury can be made orally or in writing. However, contrary to popular misconception, crime doesn’t occur when a false statement is made advertently and inadvertently after taking oath instantly. Rather, criminal liability arises only when one falsely asserts the truth of statements that are influential to the decision of the proceeding. For instance, it is not perjury to lie about one’s age unless age is a fact material that directly or indirectly affects the legal outcome such as eligibility for retirement benefits or if a person fulfills the age criteria for any legal procedure.

Legislation Dealing with Perjury.

Section 191 of the Indian Penal Code, 1860 defines as Giving false evidence. Anyone who is legally bounded by an oath or any statutory law to state the truth or to make a declaration on any subject makes a statement which is false and which he knows or believes to be false or untrue is said to give false evidence.

Section 193 of the IPC deals with the Punishment for false evidence. Anyone who intentionally gives false evidence for the purpose of being used in any stage of a judicial proceeding shall be punished with imprisonment which may extend to 7 years and he will also be liable for a fine. And whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment which may extend to 3 years and he will also be liable to pay a fine. The procedure in dealing with cases mentioned under 191 of Indian Penal Code, 1860 is dealt with under Chapter XXVI Section 340 of The Code of Criminal Procedure, 1973.

Prerequisites to Initiate Proceedings Under Section 340 of The Code of Criminal Procedure 1973.

Basically, there are two pre-conditions in order to initiate proceedings under Section 340 CrPC

1) Materials produced before the court must form a prima facie issue for a complaint about the purpose of inquiry into an offense referred to in clause (b) (i) of sub-Section (1) of Section 195 of the CrPC

2) It is more expeditious for the interests of justice that an inquiry must be made into the alleged offense.

The mere fact that a person has made a contradictory statement in a judicial proceeding is not adequate or substantial to justify his prosecution under Sections 199 and 200 of the Indian Penal Code but a nexus must be established that the defendant has intentionally given a false statement at any stage of the judicial proceedings or fabricated false evidence at any stage of the judicial proceeding to unlawfully influence the result of that proceeding and thus, the court can take necessary actions against him.