How To Move A Complaint Against Perjury

Asked in Criminal

  • CA Nagaraj Rao Rao

    Mysore

Expert's Answers(4)

  • xxxxx cxxxxx

    Bengaluru, Karnataka
      184 Client Ratings

    Dear Sir, 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 . Please give me rank after viewing my details. Please call me for further assistance.

    September 23, 2021
  • Adv Deepak Singh

    New Delhi, Delhi
      2 Client Ratings

    Sir , in case of civil suit first go through the case of perjury by evidence and then a complaint can file against those ,are liable for these perjury. call me for further assistance.

    September 22, 2021
  • Advocate Anik

    Bengaluru, Karnataka
      66 Client Ratings

    Hello Sir Section 340 CrPC lays down directions for the guidance of the court which desires to initiate prosecution in respect of an offence of perjury. 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. There are two pre-conditions for initiating proceedings under Section 340 CrPC – A) Materials produced before the court must make out a prima facie case for a complaint for the purpose of inquiry into an offence referred to in clause (b)(i) of sub-Section (1) of Section 195 of the CrPC and B) It is expedient in the interests of justice that an inquiry should be made into the alleged offence. Thanks Please rate if you find this advice helpful.

    September 22, 2021
  • Advocate Srinivas G D

    Bengaluru, Karnataka
      19 Client Ratings

    Sir, In Civil Suits 1st you need to establish the case of Perjury through Evidence . Only based on that you can file Complaint. Contact me for further information.

    September 21, 2021