• Can I proceed with criminal contempt of court for misleading the Court on an IA (suit is pending)

Query
1.	I am running a civil suit for cancellation of a sale deed ; the sale deed was executed by me due to death threats ; it was done without monetary consideration. Parallel criminal case is progressing.

2.	 2 year back, I moved an IA on attachment before judgment, since the defendants, owe me money also. Recovery relief is also there in the suit; the defendants are trying to flee justice, sold the property to a 3rd party, who was impleaded. Injunction order is also passed. the defendants filed their counters, 3 months later. the IA is heard last week.
my advocate , could not point out the false statements in the counters, due to short time given for hearing.
3.	Now in their counters, to my IA, the defendants, have put up 100 % false statements, fabricated information, only to mislead the Court, so that, the misled court, may pass misinformed order on my IA, or reject my IA.

4.	I want to move a criminal contempt of court application , in the same court, on the Counter of the Defendants on my IA.

5.	Some advocates say, I have to wait till the suit is decreed ( may take another 5 years ); some advocates say, I have to press criminal contempt of court on IA , now itself, before the court pronounces its order on my IA. Some say one year is the limitation, since , a year has elapsed after their counter was put, ; limitation over they say.

6.	 Expert opinion needed please ?

7.	Whether , I can file an application on criminal contempt reference, now, on their Counter matter,t since the false statements pertain to this IA, current. when the suit is still continuing ?

8.	What section of the Contempt of Court Act ?
Asked 4 years ago in Civil Law

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9 Answers

deliberately making a false statement in an affidavit before a court may also amount to contempt of court.

The definition of “criminal contempt” within the meaning of Section 2 of the Contempt of Courts Act, 1971, includes the doing of any act which “interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice” in any manner. Making of a false statement on oath may interfere with the administration of justice and may thus amount to contempt.

2) 

in the case of U.P. Residents Employees Coop. House Building Society v. NOIDA, (2004) 9 SCC 670 : AIR 2003 SC 2723, it was held that filing of false affidavit also amounts to contempt of Court.

Thus, it should be clear that making of a false statement in an affidavit filed before the court may also amount to contempt of court, in addition to the offence of perjury.

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. For filing false information on oath in court case for perjury lies and not criminal contempt.

2. So pointing out the falsity in the complaint you will have to file a petition u/s 340 of crpc wherein the court after being satsified with the false statements of the party would send the petition to be considered as complaint in criminal court wherein the proceeding for giving false statements or for filing fabricated documents in court would start.

3. So file the petition u/s 340 crpc immediately in court.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1. You probably do not understand what criminal contempt is, hence you have conceived filing it. Be that as it may, there is no contempt here, much less criminal contempt.

2. If the statements made in the reply are patently false then at the most you can file for perjury, but for that also you have to wait till the court decides the application for perjury.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Sir

Sections 195-198 of Indian penal code read with section 340 of criminal procedural code takes care of such mischiefs. You can file such application called perjury application in a simple way. 

______________________________

How to file perjury in India ?

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.

  1. 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.

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

Let the court decide first that facts of reply are false and misleading than can file application in court u/s 340 CrPC. Or if you have evidence to contradict his fact in reply, than on the basis of file sec 340 application. 

Why wait for suit disposal, can initiate after IA order

 

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

making a false statement in an affidavit before a court amounts to an offence of perjury, which may be punished under Section 193 of the IPC or under other relevant sections. At the same time, deliberately making a false statement in an affidavit before a court may also amount to contempt of court.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You should make an application under section 340 CrPC for giving false evidence in court case. 

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Civil contempt refers to the wilful disobedience of an order of any court

Criminal contempt includes any act or publication which:

(i) 'scandalises' the court, or

(ii) prejudices any judicial proceeding, or

(iii) interferes with the administration of justice in any other manner

Criminal contempt is conduct which brings the court into disrespect or which interferes with the administration of justice. The penalty for criminal contempt is a sentence or order which the defendant cannot avoid.

 

High Court and Supreme Court are bestowed with the power to punish for the contempt of the court.

Under Section 12 of Contempt of Court Act, 1971, a contempt of court can be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.

However , from the contents of your query it can be noted that there is no contempt of court committed by the defendant.

If he has given false information before court in his counter then yo prove it to be false and then initiate action to get an order in your favor in the IA filed by you.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You can file criminal defamation case and seek your reliefs in the same and punish for the illegalities

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

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