• Perjury

A person fills a falsified claim in court, and i have five documents that can prove that his claim are false. 

Can i file a perjury case against him befor that court made a judgment on the matter of his claim?
Asked 4 years ago in Criminal Law
Religion: Christian

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7 Answers

If he has lied on oath in an affidavit filed in court he is guilty of perjury and hence an application must be filed.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can make application for perjury under section 340 of cr pc in trial court 

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

All false claims filed in court does not amount to perjury.

2. if the falsity is made willfully and to cause  unlawful loss to another misleading the court then only perjury is attracted.

3. if you share details of your query then further advice can be given.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Hi Perjury will not be maintainable. 

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

Producing the documents in you possession you should get his claim dismissed on merit. After that you can file criminal complaint against him under Section 193 of Indian Penal Code, 1860 the punishment for which  is imprisonment for seven years.

Ravi Shinde
Advocate, Hyderabad
5130 Answers
42 Consultations

Dear Sir/Ma'am,

 

1) If you wish to undertake perjury proceedings against another individual, you can file an application to the court in which the case is being heard, in which any person has provided false documents/ affidavits etc.

2)  The court where application is filed only decides if inquiry should be made into the matter in the interests of justice or not. If the court finds that perjury has undertaken, it will file a complaint and initiate proceedings against such person.

Thank you

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

You say that it is a false case, but who certified it to be false. 

Your contention that it is a false case cannot be held valid.

The court is the authority to declare that they are false claims.

Since he has approached court with his false case, you may challenge the same and prove that it is a false case after which you have options to file perjury case against him for giving false statement before court on oath.  

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

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