This is a Quash Judgment of Allahabad High Court in which it was held that an Affidavit can be considered as a evidence, in regards to a Perjury petition under Section 340 Cr.P.C. for an offense punishable under Section 193 IPC.
The salient features of giving false evidence under Section 191 IPC are:-
(i) intentionally making a false statement, or
(ii) declaration by a person who is under a legal obligation to speak the truth.
But it must be remembered that the very essence of crimes of this kind is not how such statements may injure this or that party to litigation but how they may deceive and mislead the courts and thus produce mischievous consequences to the administration of justice.
Consequently, there cannot be any doubt that if a statement or averment in a pleading is false, it falls within the definition of offence under Section 191 IPC. It is not necessary that a person should have appeared in the witness box. The offence stands committed and completed by the filing of such pleading.
An affidavit is ‘evidence’ within the meaning of Section 191 IPC and a person swearing to a false affidavit is guilty of perjury. The definition of the offence of giving false evidence applies to the affidavits.
Mahesh Tiwari vs State Of U.P. And Another on 24 August, 2016
Read Baban Singh and another vs. Jagdish Singh and others here.
Read Ranjeet Singh vs. State of Pepsu AIR 1959 SC 843 here.
Read S.P.Kohli (Dr.) vs. High Court of Punjab and Haryana AIR 1978 SC 1753 here.
Read Asgar Ali Mulla Ibrahimji vs. Emperor AIR 1943 Nag 17(18) here.
Read Emperor vs. Padam Singh AIR 1930 All 490 here.
Read Parag Dutt vs Emperor AIR 1930 Oudh 62 (63) here.
Shades of Knife
Disclaimer:
The materials provided herein are solely for information purposes. No attorney-client relationship is created when you access or use the site or the materials. The information presented on this site does not constitute legal or professional advice and should not be relied upon for such purposes or used as a substitute for legal advice from an attorney licensed in your state.
Judgments curated, reproduced from sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other similar Indian High Court and District Court Websites such as ecourts.gov.in, dcourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.
I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.
Read more gyan here.
Though, I can mask/redacts content (like names of parties from cause title!) from my site, on request for any parties to a case, even though, I am not legally obligated to do so, except for express bar from a Competent Court.
Om Shanthi !!!
Oh, by the way, my competent Legal team delivers time-bound legal reliefs to victims of false family and matrimonial cases at
AnaghaLegalReliefs.in !!! (work-in-progress)
We are on social media too.
Just google for: Anagha Legal Reliefs
