• False affidavit/pleading based on false facts or evidence

Please advice if pleadings in any court of law based on false facts or evidence can be tried under criminal law, like false affidavits. Please cite case laws
Asked 4 years ago in Criminal Law
Religion: Hindu

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18 Answers

If you have any evidence to prove that pleading is false and vexatious then you can move an application under section 340 of the code of criminal procedure and invite the attention of the court towards false statements made in the pleading. If the court finds that statements are false and have been deliberately made with the intention to mislead the court or get any favourable order by keeping the court in dark then the court will initiate criminal proceeding against him for the offence of perjury which is punishable under Section 193 to 199 of the Indian Penal Code.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

In Ranjeet Singh vs. State of Pepsu AIR 1959 SC 843 the accused, a police officer, was called upon to make a statement against an application under Article 226 of the Constitution for a writ of habeas corpus in which it was alleged that the accused had illegally detained a man in police custody. In his written (statement), the accused filed an false affidavit denying that the man was never arrested by the police or was in his custody. It was held that the accused was legally bound to place the true facts before the court in his affidavit and since the statements made by him in the affidavit were found to be false, it was held that he has committed the offence under Section 193 IPC for giving false evidence as defined in Section 191 IPC.

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

Filing of a false affidavit in a proceedings pending before the Civil Court would amount to an offence falling under Section 193 IPC and proceedings would have to be initiated on a complaint in writing by that court. Private complaint filed by the opposite party for an offence allegedly committed under Section 193 IPC is not maintainable being vitiated for non-compliance of the mandatory provisions under Section 195(1)(b)(i) Cr.P.C.

In Kailash Mangal vs. Ramesh Chand (D) Through Legal Representative (LAWS (SC)-[deleted]) Supreme Court held as follows:

"In the instant case, the false affidavit alleged to have been filed by the appellant was in a proceeding pending before the civil court and the offence falls under Section of the 193 of the IPC and the proceeding ought to have been initiated on the complaint in writing by that Court under Section 195 (1)(b)(i)of the (Cr.P.C.). Since the offence is said to have been committed in relation to or in a proceeding in a civil court, the case of Iqbal Singh Marwah (supra) is not applicable to the instant case.

The private complaint filed by the respondent for the offences allegedly committed under Section 193 of the Code is not maintainable as the same is vitiated on account of non-compliance of the mandatory provision of Section 195(1)(b)(i) of the Cr.P.C." (Refer: Govind Mehta vs. State of Bihar (1971) 3 SCC 329, Surjit Singh and others vs. Balbir Singh (1996) 3 SCC 533, K. Venqadachalam vs. K.C. Palanisamy (2005) 7 SCC 352) Therefore, false averments in pleadings are sufficient to attract Chapter XI of the Indian Penal Code.

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

Giving false evidence and affidavit further filing false cases all are offence under Indian penal Code and a criminal case for same can be filed. Further a case of perjury can be filed if you have enough evidence and reason to establish the false evidence is given before the court.

The offences are defined and punishable under section 191 to 200 IPC on various different footings. In the same ongoing case an application for 340 Crpc can be moved before the court.

http://www.livelaw.in/false-implication-becomes-fabrication-false-evidence/

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Firstly, there has been a well settled law as nothing should be go before the judge stating false statements.

Secondly, in fact affidavit is considered to be the path by the person signing it as whatever he has been stating in the case are true.

Thirdly, if somebody does that then there would be contempt proceedings against him.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Please be aware that the false affidavit and false evidences pleading in any court, the court after knowledge of the fact may order FIR and arrest and the punishment to produce the false evidence under section 467, 468, 420, 406 IPC .

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

There are provisions under section 191 to a section 200 for giving false and fabricated affidavits of Indian Penal Code and procedure to start the offense in under section 340 of Criminal Procedure Code. Yellappa Vs kamalavva 1995 (2) Cr L J 2303

Ujwal Rajan Phasate
Advocate, Nagpur
37 Answers
4 Consultations

5.0 on 5.0

1. Yes, false statement made intentionally with a view to mislead the court for the purpose of causing wrongful loss to the other and wrongful gain to himself a perjury for which you can fie a petition under section 340 crpc.

2. Once you file such petition the court on prima facie satisfaction of the allegations can send the petition to the Magistrate to take cognizance of the offence and try the offence.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hello,

If a false affidavit has been filed before the court then you may prove the same before the court and request the court to take appropriate action against the concerned person.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

What do you want to clarify?, be clear in your question about the matter you would like to have a detailed explanation.

There is a law called as perjury and under the provisions of law any affidavit given before court is proved to be false, the court can take suo motu action on it as per law.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

Yes, you may move an application for perjury under section 340 crpc in the present matter.

The above application will have to be moved before the same court before whom a false affidavit has been field.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Respected sir ...

As if someone files fake affidavit in court and the opposite party have any documentary prof or any other evidence that they can prove there affidavit false the court have power to take cognizance and register a case against those person who had sovereign there affidavit in court and they are liable to charge under section 406 and 420 of IPC ....

THANK YOU

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

It may be tried under sections 467 and 468, 196, 197,198, & 200of IPC for forged affidavit, signing of forged documents.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

"Filing of false affidavit is an offence of perjury under the provisions of the Indian Penal Code. It is a criminal offence under Section 191,193,195,199 of Indian Penal Code, 1860 to make false affidavit in one's pleadings or filing false affidavit or false document in evidence before court of law."

Citation Case

Mahesh Tiwari vs State Of U.P. And Another on 24 August, 2016

Bench: Suneet Kumar

HIGH COURT OF JUDICATURE AT ALLAHABAD

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear Sir,

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)

O.S. No.2456/2017

BETWEEN:

Mr. Sandeep Bathija,

S/o. Late Srichand Kishindas,

Aged about 45 years,

R/at No.11, 4th floor,

Orchard Apartments,

Lower Palace Orchards,

Bengaluru – 560003.

….. Plaintiff

AND:

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 person)

========================================================================================

IN THE COURT OF THE PRINCIPAL CITY CIVIL JUDGE AT BENGALURU (CCH-10)

O.S. No.2456/2017

BETWEEN:

Sri. Sandeep Bathija ….. Plaintiff

AND

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

Advocate

Place: Bengaluru

Date:

======================================================================================

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.

CrPC 195:

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.

CrPC 340:

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.

PROCEDURE:

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.

IPC 192:

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.

Criteria:

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.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. Based on available documentary evidences, criminal proceedings u/s 340 Cr.P.C. can be filed. However, do not expect much, on such cases, that would benefit you, in the original case.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Sec 340 CrPC.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear Querist

filing the false affidavit or false statement before the court is an offence and the person who filed the same can be prosecuted for the offence of perjury U/s 340 of Cr.P.C. along with 195 of Cr.P.C. for the offence of section 191,193,199,209 of IPC.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

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