UN DER WHAT CIRCUMSTANCES A PREJURY CASE CAN BE FILED
Category: Criminal Law
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UN DER WHAT CIRCUMSTANCES A PREJURY CASE CAN BE FILED
-Kishan Dutt Kalaskar
INTRODUCTION:- In India, the perjury is a serious matter which involves false statement under oath in a judicial proceeding. It undermines the integrity of the judicial system and can lead to wrongful conviction or acquittals. The legal framework for perjury is addressed to ensure that individuals who provide testimony in court do so truthfully.
BACKGROUND:-Perjury has come from the Latin term“Prejurium”, The criminalizationof false witness testimony wasn’t there during 16thcentury. This is the time where the concept of impartial jury has emerged. The perjury is considered an obstruction of justice. After that from the 19th century the definition and scope got extended, or it gone through a massive variation which also includes giving false evidence under affirmation to other tribunals that have the authority of the law and justice.
CIRCUMSTANCES:-There are some circumstances where the Perjury can be filed, such as-
· Giving false statement is material cases such as, deliberately giving false statement under oathor false evidence in legal proceeding during criminal cases,
· Becoming impediment towards the administration of justice (but this is different from the criminal contempt),
· In civil cases too false evidence or documents can be submitted.
PROVISION:-During Perjury cases can be filed under the following provisions below-
1. Section 195 of the CrPC, 1973, indicates that if there is a written complaint from the court or an authorized officer during this a court will only take cognizance of perjury.
2. Section 340 of the CrPC, 1973, enumerates the Procedure Regarding offenses, which are mentioned under Section 195.
3. Also, there is Section 193 of the IPC, 1860, Deals with the punishment for perjury. Also, section 191 of the said code explains the constitution of false evidenceetc.
4. There are also Section 341, 342, 343, 344 etc of CrPC, 1973, which deals with the matters related to perjury.
CASE LAW:-There are cases where this concept involves such as, Chajoo Ram V.Radhey Shyam &Anr. (1971), filing of a false affidavit if appearing as a witness. In the case Mahila Vinod Kumari v. State of M.P (2008)the introduction of alternative procedure to punish perjury by the court before which it is committed initiated.
CONCLUSION:-The idea of treating the perjury as an offense has given a process through whichcan have far-reaching consequences on the judicial proceeding. The provisions and the landmark cases have underscored the importance of addressing this and also to uphold the integrity of legal system in the society. Also,it is crucial for individuals involved in judicial proceedings to process the grievousness of the perjury and the potential legal repercussions of providing false statement.
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