The offence of perjury
There is no definition of “perjury” either under the Penal Code, 18601 or for that matter the Criminal Procedure Code, 19732. However, the Supreme Court in Kishorbhai Gandubhai Pethani v. State of Gujarat3 has succinctly elaborated the meaning of perjury in para 9, which reads as under:
9. Perjury is an obstruction of justice. Deliberately making false statements which are material to the case, and that too under oath, amounts to crime of perjury….
Perjury Proceedings for Hostile Witness—A Need of Hour | SCC Blog (scconline.com)
The offence of perjury finds its place in law by virtue of Section 191 to Section 203 of the Indian Penal Code, 1860 ('IPC'). Unlike many other countries, the offence of perjury is muted on account of Section 195 of the Code of Criminal Procedure, 1973 ("Cr.P.C"). Section 195(1)(b)(i) of the Cr.P.C. restricts any court to take cognizance of an offence of perjury unless the same is by way of a complaint in writing by the court before which the offence is committed or by a superior court. Any party, by way of an application made under Section 340 of the Cr.P.C., may bring to the court' s notice the commission of the offence of perjury before it. The court, however, must satisfy itself that it will be expedient in the interest of justice that an inquiry should be made into the offence. Upon such satisfaction, the court may record a finding to that effect, make a complaint in writing and forward it to the jurisdictional magistrate to conduct the trial in accordance with law. It is important to note that Section 193 of the IPC prescribes imprisonment for a term which may extend to 7 years and a fine as the punishment for the offence of perjury. To succeed in an application under Section 340 of the Cr.P.C., one must keep in mind that the offence of perjury must be committed by a person who is: a. Legally bound by an oath or by law to state the truth or make a declaration; b. Makes a false statement; and c. Knows or believes it to be false or does not believe it to be true.
Read more at: https://www.lawyersclubindia.com/articles/Perjury-Important-Case-Laws-Showing-How-Seriously-It-is-Taken-in-India--11013.asp
Perjury as a crime is not stated in the IPC. The crime referred to is “False evidence”.
Section 191 of the IPC deals with false evidence which deals with making a false statement
under oath which he believes to be false and still makes it knowing its falsehood.3
The Punishment in Section 193of the IPCwould extend till seven years with fine. Intentional
fabrication of false evidence would further increase the term for another three years with fine,
False evidence would also be punished if one uses corrupt or false or fabricated evidence,
with knowledge of it being false. Such an Act would be punished under Section 196 of the
IPC.
Section 195is the inherent power of the Court to make a complaint it case of false evidentiary
document or evidence presented before the Court. The same should interfere in the
administration of justice. The section authorizes a preliminary enquiry as it thinks necessary
and then a subsequent complaint can be made under Section 340 of the CrPC. This power
should be used with car and consideration. The perjury committed should if the action taken
is expedient in the interests of justice
...
The Malimath Committee report on Criminal Justice System deals with the offence of Perjury
and how the same can be brought under check
0 Dr. Justice V.S. Malimath, COMMITTEE ON REFORMS OF CRIMINAL JUSTICE SYSTEM, March 2003.
-- Article by Email: ashabaribasuthakur27@gmail.com