Definitely if the contents of affidavit before a Court is false you can move application under following provisions. Please follow the following procedure. It is called as PERJURY
IN THE COURT OF THE PRINCIPAL CITY CIVIL JUDGE AT BENGALURU (CCH-10)
Mr. Sandeep Bathija,
S/o. Late Srichand Kishindas,
Aged about 45 years,
R/at No.11, 4th floor,
Lower Palace Orchards,
Bengaluru – 560003.
Sri. Mahesh Vashdev (Senior Citizen),
S/o late T. Vashdev,
Aged about 71 years,
Door No.118, 26th Cross, 6th Block,
Jayanagar, Bengaluru – 560070,
And another ….. Defendants
APPLICATION UNDER SECTION 340 READ WITH SECTION 195 OF CRIMINAL PROCEDURE CODE, 1973
May it please your Honor:
For the reasons stated in the accompanying affidavit it is humbly prayed to lodge a complaint against plaintiff, in the court of jurisdictional magistrate for preliminary enquiry and registering a case for the offences punishable under sections 340 read with section 195 of Criminal Procedure Code, 1973, in the interest of justice and equity.
Applicant/Defendant No. 1
IN THE COURT OF THE PRINCIPAL CITY CIVIL JUDGE AT BENGALURU (CCH-10)
Sri. Sandeep Bathija ….. Plaintiff
Sri. Mahesh Vasdev and others ….. Defendants
A F F I D A V I T
I, Sri. Mahesh Vashdev (Senior Citizen), S/o late T. Vashdev, Aged about 71 years, Door No.118, 26th Cross, 6th Block, Jayanagar, Bengaluru – 560070, (Mob:[deleted]), do hereby state on oath as under:
1. That I am defendant No.1 in this case as such know the full facts of this case. The plaintiff filed the present suit claiming himself as a co-sharer of the property and on the other hand claiming to the absolute owner of the suit schedule property. If at all he is co-owner he ought to have obtained consent of other co-owners by way of Power of Attorney before filing the suit. He entirely stated falsehood in his affidavit and also in his plaint which were declared by on ought as true and correct and also verified the plaint contents. Thus the very contrary contentions taken by the plaintiff in this case goes to show that he attempted to mislead this Hon’ble Court in order to grab illegal possession of suit schedule property.
2. When false affidavit or false documents were given in any quasi judicial or administrative proceedings, then a private complaint can be filed U/s 200 before competent magistrate. The Plaintiff claims to be a co owner of the Property. The Plaintiff has filed a suit for property partition against his family hence the said property rights are not with clear Titles. The Plaintiff has not disclosed the truth.
3. The deponent further states that, the Plaintiff submits that the 1 Defendant is a uncle. The deponent further states that, the Plaintiff has been tying a Rakhi to the wife of the 1 Defendant therefore the relationship changes. The deponent further states that, the Plaintiff has deliberately not disclosed the true fact.
4. The deponent further states that, the lease agreement was not made with any favors. The deponent further states that, the lease agreement was drawn with a intention of generating a Revenue so as to meet the Legal expenditure of Property Settlements Suit and other expenses. The 1 Defendant has been paying Property taxes and Property maintenance charges from the day the Plaintiff has entrusted the authority to the 1Defendant. The deponent further states that, the Plaintiff has not disclosed to the Honourable Court with a intention of misleading the true facts.
5. The Plaintiff claim that he has not received the security deposit of Rs.100000 is also false as the 1 Defendant had made a expense of the amount to get his wife a bail and providing a bond to the High Ground Police Station as she was involved in a Criminal Case.
6. The deponent further states that, the Plaintiff statement stating that the Defendant 1 has not done anything is completely false. The Defendant 1 has arranged for the Plaintiff Funds for his lively hood and the main house for him to live undisturbed with complete privacy.
7. The deponent further states that, the Plaintiff brother filled a police complaint against the Defendant as trespassing the said property. The deponent further states that, the Plaintiff made the Defendant file a suit for Injunction against his brother an himself.
8. The Plaintiff voluntarily put a sub lease clause for the benefit of the Defendant No.1 as services rendered.
9. The deponent further states that, the Plaintiff has never demanded any money as he knew that the Defendant No.1 is spending for his problems. As a matter of fact his wife has been taking funds from the Defendant No.1 from time to time for her Case against her mother in law. The deponent further states that, the Plaintiff has willingly extended the lease agreement on the ninth day of June 2014.
10. The deponent further states that, the Plaintiff has no need for the property as he loves to live in his father house which is very dear to him in remembrance of his late Father. The deponent further states that, the Plaintiff has executed a will in favour of the Defendant and also promised fifth percent of his share. He has promised in front of his Uncle and Aunty Mr. and Mrs. Beharilal Bathija when we went to attend a Marriage of his niece. Thus the conduct of the plaintiff invites criminal offences as such a criminal case as to be registered in view of documents available on record that is his own plaint and its verification and his other pleadings and affidavits. The entire documents and pleadings filed by the plaintiff and defendant No.1 shall be read as part of this affidavit.
11. Thus it has been established the plaintiff mislead this Court for the purpose of misleading the lawful authority thus plaintiff needs to be tried for the alleged offences which may be disclosed during the course of investigation and likely to disclose offences u/s 191,193,195,199 of IPC, 1860and be punished accordingly.
I, the above named deponent declares that the contents of this affidavit are true and correct to the best of my knowledge, belief and information.
Identified by me DEPONENT
How to file perjury in India ?
October 2, 2017 by Rajesh Vakharia
How to file perjury in India ?
In order to sustain and maintain sanctity and solemnity of the proceedings in law courts it is necessary that parties should not make false or knowingly, inaccurate statements or misrepresentation and/or should not conceal material facts with a design to gain some advantage or benefit at the hands of the court, when a court is considered as a place where truth and justice are the solemn pursuits. If any party attempts to pollute such a place by adopting recourse to make misrepresentation and is concealing material facts it does so at its risk and cost.
Read a judgment about the above in Vijay Syal Vs. State of Punjab
PROSECUTION OF PERJURY:
1. Legal obligation to state the truth
2. The making of a false statement .
3. Belief in its falsity .
Criteria for establishing offense:
(a) The statement is false
(b) The parson making the statement knew or believed it to be false or did not believe it to be true.
(c) The statement was made intentionally.
All three criteria must be proved for conviction. Intention is most important.
False evidence is said to be given intentionally, if, the person making the statement is aware or has knowledge that it is false and has deliberately used such evidence in a judicial proceeding with the intention of deceiving the court .
ELEMENTS OF PERJURY:
1) False statement made by a person Who is —
a) Bound by an oath
b) By an express provision of law
c) A declaration which a person is bound by law to make on any subject
d) Which statement or declaration is false and which he either knows or believes to be false or does not believe to be true.
2. Oath must be administered by a person of competent authority.
The authority must be competent to administer the oath. The proceedings where oath is administered must be sanctioned by law.
3. Express provisions of law include—Plaints, Written Statements, and other pleadings.
a)CPC casts a legal duty to speak the truth
b)Verification of pleadings is a legal obligation.
4. Affidavits are declaration made under oath.
5. A statement could be verbal or otherwise.
a) Statement that he believes a thing which he does not believe.
b) Statement that he knows a thing which he does not know.
c)Statement that he knows to be false or does not believe to be true .
d) Statement need not be on a point material to the proceedings.
Due to this the related other section which can be used are :
IPO 191: Giving false evidence, judicial perjury
IPO 192: Fabricating false evidence
IPO 193: punishment for offenses u/s 191 & 192 IPO
IPO 194 & 195: Aggravated forms of offenses u/s 191 & 192 IPO
IPO 196 to 200: Offenses punishable in the same way as giving or fabricating false evidence
IPO 201 to 229: Offenses against public justice
OFFENCES U/S 195 CrPC:
(a) IPO 172 to IPO 188 relate to contempts of the lawful authority of public servants and also of attempt to commit or conspiracy to commit such offense or abatement there of.
(b) IPO 193, 194, 195, 196, 199, 200, 205, 206, 207, 208, 209, 210, 211 and 228, when such offense is alleged to have
been committed in, or in relation to, any proceeding in any court.
Generally any person can lodge complaint of an offence and set the law in motion. Exception to this rule is offences. Specified u/s 195 CrPC. Section 195 lays down rules to be followed by the court to take cognizance of an offence specified under it. Court has full discretion in deciding whether any prosecution is necessary or not.
Considerations for sanctioning prosecution:
a) Administration of justice is not hampered
b) Not to be used as a means for wreaking vengeance by people
c) Every incorrect or false statement does not make it incumbent upon the court to order prosecution.
d) Judicial discretion to order prosecution only in the larger interest of administration of justice.
e) When police finds that complaint was false and case is cancelled u/s 173 CrPC, the police can start proceeding u/s 211 IPO against person who lodged false complaint.
Section 340 CrPC lays down directions for the guidance of the court which desires to initiate prosecution in respect of an offence covered under IPO 195. Court can take action and make a complaint to concerned magistrate u/s 340 either suo motu or on an application made to it on that behalf. Sanction of the public servant court is a must for offenses in (a) under Criteria for establishing offence. Sanction of the court is a must for offenses in (b). under Criteria for establishing offense. Any Civil, Revenue or criminal court can proceed under this section. Person against who proceedings are initiated has no right to participate in preliminary Inquiry. The trial for the offence will be held by the magistrate based on complaint by the court acting u/s 340 sanctioning prosecution. The order is appealable only once and no second appeal or revision lies.
Requirements for starting prosecution:
The court is not bound to start prosecution. Only if it is expedient in the interest of justice and affects administration of justice. Contradictory evidence is not enough for prosecution. Offence must have been committed intentionally. Perjury should appear to be deliberate and conscious. Conviction is reasonable probable or likely. Reasonable foundation for the charge must exist. Statement given by complainant in FIR u/s 154 cannot be basis of prosecution u/s 340. Statements given to police u/s 161 are not evidence.
Receive application or suo motu – application can be filed by a person not party to the proceedings in relation to which the offense is committed. The court where application is filed only decides if inquiry should be made Hold preliminary inquiry (not essential in law). Record findings . Make a complaint in writing – include offence, facts on which it is based and evidence available for proving it. The judge has to sign the complaint himself. Forward it to a first class Magistrate having jurisdiction.
No condition to be bound by oath. Reasonable prospect of proceedings and intention to use the fabricated evidence in such proceedings. Proceedings need not be in progress. Material omission is made in an entry or a statement Affidavit- making a document containing false statement to be used as evidence in a judicial proceeding.
Particular Intention that false document so made should appear in evidence in a judicial proceeding. Reasonable prospect of using the document is sufficient to establish offence. Should be material to the result of the proceedings- Judge is made to entertain an erroneous opinion touching nay point material to the result of such proceeding based on such fabricated evidence.
IPO 199: False statement made in declaration which is by law receivable as evidence.
IPO 200: Using as true such declaration knowing it to be false.