Code of Criminal Procedure, 1973

Posted on April 27, 2018 by ShadesOfKnife

Here is the complete Cr.P.C book.

All amendments to CrPC is available here. Read the 2008 amendment of Cr.P.C here.

Bharatiya Nagarik Suraksha Sanhita 2023 (New CrPC) is here.

Perjury Judgments

Posted on April 27, 2018 by ShadesOfKnife

Is it a crime to lie under oath in India?
Yes.

Any person can ‘seek the Public Servant to initiate Perjury Proceedings’

Section 340 of Cr.P.C. contains the law procedure that has to be followed in Perjury proceedings. The provision from BNSS is Section 379.

Section 195 of Cr.P.C contains offences against public justice and for offences relating to documents given in evidence.

Court can initiate Perjury Proceedings, Suo moto

Section 344 of Cr.P.C contains the law procedure that the Court can invoke against any witness appearing in such proceeding who had knowingly or willfully given false evidence or had fabricated false evidence with the intention that such evidence should be used in such proceeding.

These are 30+ various provisions under the Indian Penal Code (IPC) that cater to definition and punishment for various perjuries of opposite parties and other public servants.

As per CrPC sec 195(1)(a), the following is the list of 18 provisions of contempt to the lawful authority of public servants. Key here is, a complaint can only be filed by such public servant or by a superior officer of such public servant. Generally Police folks and their bosses, but there is not much history of police filing complaints to Court for the following offences.

IPC 172: Absconding to avoid service of summons or other proceeding
IPC 173: Preventing service of summons or other proceeding, or preventing publication thereof
IPC 174: Non-attendance in obedience to an order from public servant
IPC 174A: Non-appearance in response to a proclamation under section 82 of Act 2 of 1974
IPC 175: Omission to produce document to public servant by person legally bound to produce it
IPC 176: Omission to give notice or information to public servant by person legally bound to give it
IPC 177: Furnishing false information
IPC 178: Refusing oath or affirmation when duly required by public servant to make it
IPC 179: Refusing to answer public servant authorised to question
IPC 180: Refusing to sign statement
IPC 181: False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation
IPC 182: False information, with intent to cause public servant to use his lawful power to the injury of another person
IPC 183: Resistance to the taking of property by the lawful authority of a public servant
IPC 184: Obstructing sale of property offered for sale by authority of public servant
IPC 185: Illegal purchase or bid for property offered for sale by authority of public servant
IPC 186: Obstructing public servant in discharge of public functions
IPC 187: Omission to assist public servant when bound by law to give assistance
IPC 188: Disobedience to order duly promulgated by public servant

For these 18 offences, an application u/s 340 CrPC can not be filed. Also no private complaint under 190/200 CrPC is maintainable by any other person, but representations may be made to the SHO of the Police Station concerned or to the Office of SP/CP.

As per CrPC sec 195(1)(b), the following is the list of 16 provisions of contempt to the lawful authority of Courts. Key here is, a complaint can only be filed by such Court or by such officer of the Court as that Court may authorise in writing in this behalf, or by a superior Court of such Court. Generally Trial Courts and their Appellate Courts. Again no private complaint under 190/200 CrPC is maintainable. For these 16 offences, an application u/s 340 CrPC can be filed; even by a stranger to the case.

IPC 193: Punishment for offenses u/s 191 & 192 IPC
IPC 194: Giving or fabricating false evidence with intent to procure conviction of capital offence
IPC 195: Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
IPC 195A: Threatening any person to give false evidence
IPC 196: Using evidence known to be false
IPC 199: False statement made in declaration which is by law receivable as evidence
IPC 200: Using as true such declaration knowing it to be false
IPC 205: False personation for purpose of act or proceeding in suit or prosecution
IPC 206: Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution
IPC 207: Fraudulent claim to property to prevent its seizure as forfeited or in execution
IPC 208: Fraudulently suffering decree for sum not due
IPC 209: Dishonestly making false claim in Court
IPC 210: Fraudulently obtaining decree for sum not due
IPC 211: False charge of offence made with intent to injure
IPC 228: Intentional insult or interruption to public servant sitting in judicial proceeding

Terms used in judgments are misrepresentation, unclean hands, fraud on court, misuse of administration of justice etc if you are searching for judgments online.

Here are the judgments for your usage in your cases under above IPC sections.

IMP NOTE: Apart from the listed (and implied) sections, there are many more provisions of IPC which can be filed as a direct complaint as per 154 CrPC, 155 CrPC or 190/200 CrPC. The said procedure under sec CrPC 340 does not apply to those sections. Like IPC 218 etc.

Additionally, such contemnors are liable for punishment under Contempt of Courts Act, 1971 as well, at the State High Court.

Muthu Karuppan Vs Parithi Ilamvazhuthi and Anr on 15 Apr 2011

Supreme Court Judgment

1951-2000

M.S.Sheriff Vs The State of Madras and Others on 18 March, 1954 (Landmark: Dispose Perjury First, especially dispose off criminal cases first then take up civil matters)
Baban Singh And Anr Vs Jagdish Singh & Ors on 8 February, 1966
Santokh Singh Vs Izhar Hussain and Anr on 25 Apr 1973 [Landmark: No application of IPC 211 on Police]
K. Karunakaran Vs T. V. Eachara Warrier on 16 November, 1977
S.P Chengalvaraya Naidu Vs Jagannath on 27 Oct 1993 [Landmark: judgment or decree obtained by fraud is to be treated as a nullity]
Chandra Shashi Vs Anil Kumar Verma on 14 November, 1994 [2 weeks imprisonment for husband for the Contempt of Court]
Dhananjay Sharma Vs State Of Haryana And Ors on 2 May 1995 [Imprisonment For Contempt Of Court due to filing of false affidavits]
Dr. Buddhi Kota Subbarao Vs Mr. K.Parasaran and Ors on 13 Aug 1996 [Landmark: Suppression of material facts]
Sachida Nand Singh and Anr Vs State of Bihar and Anr on 3 February, 1998
Swaran Singh Vs State of Punjab on 26 Apr 2000 [A trial Judge knows that the witness is telling a lie and is going back on his previous statement, yet he does not wish to punish him or even file a complaint against him. He is required to sign the complaint himself which deters him from filing the complaint.]

2001-2010

Madras High Court Advocates Association Vs Dr.A.S.Anand, Honble The C.J.I. on 12 May 2001 []
Pritish Vs State Of Maharashtra & Ors on 21 November, 2001 [SC: Formation of an opinion by the court (before which proceedings were to be held) that it is expedient in the interest of justice that an inquiry should be made into an offence which appears to have been committed. Preliminary enquiry not mandatory and no need to issue notices to perjuror]; (Dispose Perjury First)
Messers S.J.S. Business Enterprises Vs State of Bihar and Ors on 17 Mar 2004 [Concealment/Suppression of facts should be material facts, not any other facts]
Iqbal Singh Marwah & Anr Vs Meenakshi Marwah & Anr on 11 March, 2005
Mahila Vinod Kumari Vs State Of M.P on 11 July, 2008 [Landmark: Initiate perjury proceedings more effectively and frequently]
K.D. Sharma Vs Steel Authority Of India Ltd. and Ors. on July 09, 2008 [Landmark: Suppression of material facts]
Dalip Singh Vs State Of U.P. & Ors on 3 December, 2009 [‘who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final.‘]
Meghmala & Ors Vs G.Narasimha Reddy & Ors on 16 August, 2010
Ramjas Foundation and Ors vs Union of India and Ors on 9 Nov 2010 [Landmark: Unclean hands principle applies to all litigation not just those under Articles 32, 226 and 136 of the Constitution]

2011-2020

Ramrameshwari Devi and Ors Vs Nirmala Devi and Ors on 4 July, 2011
Inderjit Singh Grewal Vs State Of Punjab & Anr on 23 August, 2011
Maria Margadia Sequeria Fernandes and Ors Vs Erasmo Jack De Sequeria (D) thru LRs on 21 Mar 2012 [Imposition of heavy costs would also control unnecessary adjournments by the parties. In appropriate cases, the courts may consider ordering prosecution otherwise it may not be possible to maintain purity and sanctity of judicial proceedings]
Kishore Samrite Vs State of U.P. and Ors on 18 October, 2012 [Landmark: Suppression of material facts]
Perumal Vs Janaki on 20 January, 2014
Sanjay Kumar Vs State of Bihar and Anr on 28 Jan 2014 [If the pleadings in a civil matter are false, the petitioner is liable for perjury]
Sciemed Overseas Inc. Vs BOC India Limited & Ors on 11 January, 2016
Amarsang Nathaji As Himself Vs Hardik Harshadbhai Patel And Ors on 23 November, 2016 [SCI: It was held that, it must be expedient in the interest of justice to initiate an inquiry u/s 340 CrPC]
State Of Goa Vs Jose Maria Albert Vales @ Robert Vales on 18 Aug 2017 (Cites MS Sheriff)
Sarvepalli Radhakrishnan University and Anr Vs UOI and Ors 07 January, 2019 (Cites Madras High Court Advocates Association)
Narendra Kumar Srivastava Vs State of Bihar on 4 Feb 2019 [No perjury can be initiated via a Private complaint; just like the correct element in Perumal Vs Janaki]
Aarish Asgar Qureshi Vs Fareed Ahmed Qureshi on 26 February, 2019 (Bombay HC order for Perjury inquiry was set aside by SC)
Sasikala Pushpa and Ors Vs State of Tamil Nadu on 07 May 2019
State of Punjab Vs Jasbir Singh on 26 Feb 2020 [Is preliminary inquiry mandatory u/s 340 CrPC? Referred to Large bench]
- State of Punjab Vs Jasbir Singh on 15 Sep 2022 (Relying on Iqbal Singh Marwah here, the above reference was decided, holding that preliminary inquiry is NOT mandatory u/s 340 CrPC)
Ms New Era Fabrics Ltd Vs Bhanumati Keshrichand Jhaveri and Ors on 03 Mar 2020 (Cites Madras High Court Advocates Association)
MS Bandekar Brothers Pvt Ltd and Anr Vs Prasad Vassudev Keni on 2 September 2020

2021-2025

Bhima Razu Prasad Vs State of Tamil Nadu on 12 Mar 2021
Himanshu Kumar and Ors Vs State of Chhattisgarh and Ors on 14 Jul 2022 [affidavit is ‘evidence’]
Ram Kumar Vs State of UP and Ors on 28 Sep 2022 (Relies on Chengalvaraya above)
Kuldeep Kumar Vs U.T. Chandigarh and Ors on 20 Feb 2024 [Presiding Officer made a false statement and CJI ordered to initiate perjury proceedings]
James Kunjwal Vs State of Uttarakhand and Anr on 13 Aug 2024 [Landmark: When perjury proceedings can be initiated]
Sunil Nayak @ Fundi Vs State of NCT of Delhi on 09 Sep 2024 [Costs imposed for lying in pleadings]
Rekha Sharad Ushir Vs Saptashrungi Mahila Nagari Sahkari Patsansta Ltd on 26 Mar 2025 [Relying on S.P Chengalvaraya Naidu Vs Jagannath, says that those who indulge in suppressing material facts need to be thrown out of the court]
Vishnu Vardhan Vs State of UP and Ors on 23 Jul 2025 [Fraud vitiates everything; the order was obtained by a successful party by practising or playing fraud, it is vitiated]

2026-2030

Neha Lal Vs Abhishek Kumar on 20 Jan 2026 [Perjury must be continued]
Prabhakar Yeshwant Masram and Anr Vs Sou Tula Namdeorao Jaipurkar and Anr on 21 Jul 2026 [Wrong Statements Vs False Statements; Relying on Iqbal Singh Marwah here, it is reiterated that filing of a perjury complaint normally ought not to be made during the pendency of the substantive proceedings before the Court but only when the proceedings conclude and the final judgment is rendered]

Allahabad High Court Judgment

Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003 (Dispose Perjury First)
Garima Srivastava Vs State of U.P. and another on 19 January, 2010
Mahesh Tiwari Vs State Of U.P. And Another on 24 August, 2016
Dipanshi And Another Vs State Of U.P. And 3 Others on 21 November, 2016
Amit Bajpai v. State of U.P. and Anr on 15 Dec 2023 (Dispose Perjury First)
Atul Kumar Bajpai Vs State of UP and Anr on 17 Sep 2025 (Dispose Perjury First)

Andhra Pradesh High Court Judgment

Yalala Swapna Vs The Hindustan Petroleum Corporation Ltd. Mumbai and anr on 09 June, 2009
P.Parameshwar Reddy Vs The State Of Telangana on 10 August, 2015
Amit Kumar Yadav And Others vs State Of Telangana on 11 September, 2015
Kudari Chandrasekhar Vs State of AP on 08 Mar 2021 (Number the 340 CrPC Perjury application first and dispose it on merits)

District Courts:

State of AP Vs Matham Vijaya Rao and Anr on 07 Jul 2025 []

Bombay High Court Judgment

Calcutta High Court Judgment

Arijit Sarkar Vs Monosree Sarkar and Ors on 09 January, 2017 (evidence is not recorded in a case)
Bhriguram De Vs State of West Bengal and others on 20 September, 2018

Delhi High Court Judgment

1. M/s Jindal Polyster Ltd Vs Rahul Jaura on 18 Oct 2005
2. Padmawati and Ors Vs Harijan Sewak Sangh and Ors on 06 November 2008 (Liars should be made to pay for enjoying illegal benefits)
3. Jagdish Prasad Vs State and Others on 23 March, 2009 (Prima Facie opinion on Perjury)
4. Punjab tractors ltd Vs M/s International Traders ltd and Ors on 18 Sep 2009
5. Rajkumar Indoria Vs NCT Of Delhi, New Delhi on 18 August, 2010 (Prima Facie opinion on Perjury)
6. Sanjeev Kumar Mittal Vs The State on 18 November, 2010
7. HS Bedi Vs National Highway Authority Of India on 22 January, 2016 (Under Section 209 IPC)
  1. HS Bedi Vs National Highway Authority Of India on 14 May, 2015
8. MS Gokaldas Paper Products Vs MS Lilliput Kidswear Ltd Anr on 5 Apr 2023 [Perjury proceedings initiate in Contempt proceedings!]
9. Sachin Kumar Daksh Vs Mamta Gola and Anr on 16 Feb 2024 [Allowed Revised Income affidavit as per Rajnesh Vs Neha judgement though held that earlier affidavit is not obliterated]
10. McDonalds India Ltd Vs State of NCT of Delhi and Anr on 12 Jan 2026 [No perjury]

Gujarat High Court Judgment

Jammu & Kashmir and Ladhak High Court Judgment

Fayaz Ahmad Rather Vs Union Territory of J&K and Ors on 11 Jan 2023 [Perjury directly before High Court; costs levied Rs.1,00,000/-]
Roshan Lal Tickoo Vs Predimant Krishan Tickoo on 02 Aug 2024 []

Karnataka High Court Judgment

Veerabhadraiah Swamy and Ors Vs Veerupakshi and Ors on 23 Jun 2021 (Relies on Chengalvaraya)
Dr.Praveen R Vs Dr.Arpitha K.S on 31 Aug 2021 (Refers to Swaran Singh and Mahila Vinod Kumari)
Mr xxxx Bhat Vs State of Karnataka and Ms xxxx Rao on 28 Jun 2024 [relying on R.P. Kapur Vs State of Punjab, Achin Gupta Vs State of Haryana and Bhajan Lal, quashed proceedings; 211 IPC also suggested]
Dr.Praveen R Vs Dr.Arpitha on 31 Aug 2021 [Courts must promptly consider perjury applications in matrimonial cases when suppression of income is established on record.]

Karnataka High Court Judgment

Sajith N.K. Vs Jishabai Puthukudi and Anr on 03 Aug 2023 [Private complaint u/s 200 Cr.P.C. is not maintainable for a perjury case]

Madhya Pradesh High Court Judgment

Kamla Sharma and Ors Vs Sukhdevlal and Ors on 18 Apr 2022 [False Statement Which Doesn’t Affect the Outcome of Case Can’t Invoke 340 CrPC Proceedings]
Shailendra Sharma and Ors Vs Indus Residency Pvt Ltd and Ors on 07 Jan 2026 [Police can not register FIR without any explicit Order from a Magistrate under 340 CrPC/379 BNSS]

Madras High Court Judgment

Karthick Vs The Commissioner of Police on 8 July, 2013
S.Mukanchand Bothra Vs Rajiv Gandhi Memorial Educational Charitable Trust Chennai and Ors on 22 December, 2015 [No application of IPC 211 against Investigating Police officers; Possibility of IPC 218]
Sulochana Vs Thiru. R.Sivasamy on Pronounced on 24 May, 2017 (Under Section 209 IPC)
A.Radhika Vs Wilson Sundararaj on 26 Feb 2021 [No application of IPC 211 against Investigating Police officers; Possibility of IPC 218; Cites Mukanchand Bothra]

Punjab and Haryana High Court Judgment

High Court for the State of Telangana Judgment

Mohd. Ghouse Khan Vs State of Telangana on 15 Oct 2019 (Dispose Perjury First)
Pulipati Srinivas Vs State of Telangana and Ors on 14 Feb 2024 [Imposed exemplary costs of Rs.15 Lakhs, on both the Writ petitioner and his Counsel]

Uttarakhand High Court Judgment

Chandra Shekhar Kargeti Vs State of Uttakhand on 8 August, 2018

Go here for Cases where Perjury Proceedings were initiated.

MASTER SITEMAP here.

CrPC 195 – Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence

Posted on April 27, 2018 by ShadesOfKnife

Under section 195 of Criminal Procedure Code (Cr.P.C.), various provisions are provided to prosecute offences against public justice and for offences relating to documents given in evidence.

Section 195 in The Code Of Criminal Procedure, 1973

195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.

(1) No Court shall take cognizance-

(a) (i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860 ), or

(ii) of any abetment of, or attempt to commit, such offence, or

(iii) of any criminal conspiracy to commit such offence,

except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate;

(b) (i) of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860 ), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or

(ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or

(iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub- clause (i) or sub- clause (ii),

except on the complaint in writing of that Court, or of some other Court to which that Court is subordinate.

(2) Where a complaint has been made by a public servant under clause (a) of sub- section (1) any authority to which he is administratively subordinate may order the withdrawal of the complaint and send a copy of such order to the Court; and upon its receipt by the Court, no further proceedings shall be taken on the complaint: Provided that no such withdrawal shall be ordered if the trial in the Court of first instance has been concluded.

(3) In clause (b) of sub- section (1), the term” Court” means a Civil, Revenue or Criminal Court, and includes a tribunal constituted by or under a Central, Provincial or State Act if declared by that Act to be a Court for the purposes of this section.

(4) For the purposes of clause (b) of sub- section (1), a Court shall be deemed to be subordinate to the Court to which appeals ordinarily lie from the appealable decrees or sentences of such former Court, or in the case of a Civil Court from whose decrees no appeal ordinarily lies, to the principal Court having ordinary original civil jurisdiction within whose local jurisdiction such Civil Court in situate:

Provided that-

(a) where appeals lie to more than one Court, the Appellate Court of inferior jurisdiction shall be the Court to which such Court shall be deemed to be subordinate;

(b) where appeals lie to a Civil and also to a Revenue Court, such Court shall be deemed to be subordinate to the Civil or Revenue Court according to the nature of the case or proceeding in connection with which the offence is alleged to have been committed.

Read the procedure to be followed to prosecute Perjury offences here.

CrPC 340 – Procedure in cases mentioned in section 195 of CrPC

Posted on April 27, 2018 by ShadesOfKnife

Here is the procedure to be followed against offenses mentioned under section 195 of Criminal Procedure Code (Cr.P.C.)

Section 340 in The Code Of Criminal Procedure, 1973

340. Procedure in cases mentioned in section 195.

(1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in clause (b) of sub- section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,-

(a) record a finding to that effect;

(b) make a complaint thereof in writing;

(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non- bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and

(e) bind over any person to appear and give evidence before such Magistrate.

(2) The power conferred on a Court by sub- section (1) in respect of an offence may, in any case where that Court has neither made a complaint under sub- section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub- section (4) of section 195.

(3) A complaint made under this section shall be signed,-

(a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;

(b) in any other case, by the presiding officer of the Court.

(4) In this section, “Court” has the same meaning as in section 195.

AP LAWCET 2018 Exam – Questions and Key

Posted on April 25, 2018 by ShadesOfKnife

Here are the questions from AP LAWCET 2018 exam and it’s key so use them in your preparation for next year examination.

AP LAWCET KEY 2018