Is it a crime to lie under oath in India?

Yes.

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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.

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

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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.

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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.

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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.

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

1. Muthu Karuppan Vs Parithi Ilamvazhuthi and Anr on 15 Apr 2011

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Supreme Court Judgment

1. 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)
2. Santokh Singh Vs Izhar Hussain and Anr on 25 Apr 1973 [Landmark: No application of IPC 211 on Police]
3. K. Karunakaran Vs T. V. Eachara Warrier on 16 November, 1977
4. Baban Singh And Anr Vs Jagdish Singh & Ors on 8 February, 1966
5. S.P Chengalvaraya Naidu Vs Jagannath on 27 Oct 1993 [Landmark: judgment or decree obtained by fraud is to be treated as a nullity]
6. Dhananjay Sharma Vs State Of Haryana And Ors on 2 May, 1995
7. Dr. Buddhi Kota Subbarao Vs Mr. K.Parasaran and Ors on 13 Aug 1996 [Landmark: Suppression of material facts]
8. Sachida Nand Singh and Anr Vs State of Bihar and Anr on 3 February, 1998
9. 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.]
10. Madras High Court Advocates Association Vs Dr.A.S.Anand, Honble The C.J.I. on 12 May 2001 []
11. 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]
12. 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]
13. Iqbal Singh Marwah & Anr Vs Meenakshi Marwah & Anr on 11 March, 2005
14. Mahila Vinod Kumari Vs State Of M.P on 11 July, 2008 [Landmark: Initiate perjury proceedings more effectively and frequently]
15. K.D. Sharma Vs Steel Authority Of India Ltd. and Ors. on July 09, 2008 [Landmark: Suppression of material facts]
16. 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.‘]
17. Meghmala & Ors Vs G.Narasimha Reddy & Ors on 16 August, 2010
18. 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]
19. Ramrameshwari Devi and Ors Vs Nirmala Devi and Ors on 4 July, 2011
20. Inderjit Singh Grewal Vs State Of Punjab & Anr on 23 August, 2011
21. 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]
22. Kishore Samrite Vs State of U.P. and Ors on 18 October, 2012 [Landmark: Suppression of material facts]
23. Perumal Vs Janaki on 20 January, 2014
24. 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]
25. Sciemed Overseas Inc. Vs BOC India Limited & Ors on 11 January, 2016
26. 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]
27. State Of Goa Vs Jose Maria Albert Vales @ Robert Vales on 18 Aug 2017 (Cites MS Sheriff)
28. Sarvepalli Radhakrishnan University and Anr Vs UOI and Ors 07 January, 2019 (Cites Madras High Court Advocates Association)
29. 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]
30. Aarish Asgar Qureshi Vs Fareed Ahmed Qureshi on 26 February, 2019 (Bombay HC order for Perjury inquiry was set aside by SC)
31. Sasikala Pushpa and Ors Vs State of Tamil Nadu on 07 May 2019
32. 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)
33. Ms New Era Fabrics Ltd Vs Bhanumati Keshrichand Jhaveri and Ors on 03 Mar 2020 (Cites Madras High Court Advocates Association)
34. MS Bandekar Brothers Pvt Ltd and Anr Vs Prasad Vassudev Keni on 2 September 2020
35. Bhima Razu Prasad Vs State of Tamil Nadu on 12 Mar 2021
36. Ram Kumar Vs State of UP and Ors on 28 Sep 2022 (Relies on Chengalvaraya above)
37. 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]
38. James Kunjwal Vs State of Uttarakhand and Anr on 13 Aug 2024 [Landmark: When perjury proceedings can be initiated]
39. Sunil Nayak @ Fundi Vs State of NCT of Delhi on 09 Sep 2024 [Costs imposed for lying in pleadings]

 

Allahabad High Court Judgment

1. Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003 (Dispose Perjury First)
2. Garima Srivastava Vs State of U.P. and another on 19 January, 2010
3. Mahesh Tiwari Vs State Of U.P. And Another on 24 August, 2016
4. Dipanshi And Another Vs State Of U.P. And 3 Others on 21 November, 2016

 

Andhra Pradesh High Court Judgment

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

 

Bombay High Court Judgment

1. Kenneth Desa and another Vs Gopal on 11 July 2007
2. Arun Kashinath Deshpande Vs Smt.Inumati Ramchandra Deo on 8 April, 2010
3. Shriram Munjaji Raut Vs The State of Maharashtra on 14 March, 2011
4. Fareed Ahmed Qureshi Vs State of Maharashtra on 7 March, 2018 (Set aside by SC)
5. Surendra Vishwanath Mishra Vs The State of Maharashtra on 18 February, 2019 (Dispose Perjury First)
6. Union Of India And Ors Vs Haresh Virumal Milani on 26 April, 2018
   1. Union Of India And Ors Vs Haresh Virumal Milani on 11 June, 2018 (Typo Corrected)

 

Calcutta High Court Judgment

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

 

Delhi High Court Judgment

1. Padmawati and Ors Vs Harijan Sewak Sangh and Ors on 06 November 2008 (Liars should be made to pay for enjoying illegal benefits)
2. Jagdish Prasad Vs State and Others on 23 March, 2009 (Prima Facie opinion on Perjury)
3. Rajkumar Indoria Vs NCT Of Delhi, New Delhi on 18 August, 2010 (Prima Facie opinion on Perjury)
4. Sanjeev Kumar Mittal Vs The State on 18 November, 2010
5. 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
6. 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]

 

Gujarat High Court Judgment

1. Babubhai Mervanbhai Patel Vs State Of Gujarat Through Secretary and Anr on 26 August, 2010
2. Gujarat Pipavav Port Limited Vs Sharda Steel Corporation on 26 March, 2012
3. Sejalben Tejasbhai Chovatiya & vs State Of Gujarat on 20 October, 2016

 

Jammu & Kashmir and Ladhak High Court Judgment

1. 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/-]
2. Roshan Lal Tickoo Vs Predimant Krishan Tickoo on 02 Aug 2024 []

 

Karnataka High Court Judgment

1. Veerabhadraiah Swamy and Ors Vs Veerupakshi and Ors on 23 Jun 2021 (Relies on Chengalvaraya)
2. Dr.Praveen R Vs Dr.Arpitha K.S on 31 Aug 2021 (Refers to Swaran Singh and Mahila Vinod Kumari)
3. 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]

 

Karnataka High Court Judgment

1. 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

1. Kamla Sharma and Ors Vs Sukhdevlal and Ors on 18 Apr 2022 [MP HC: False Statement Which Doesn’t Affect the Outcome of Case Can’t Invoke 340 CrPC Proceedings]

 

Madras High Court Judgment

1. Karthick Vs The Commissioner of Police on 8 July, 2013
2. 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]
3. Sulochana Vs Thiru. R.Sivasamy on Pronounced on 24 May, 2017 (Under Section 209 IPC)
4. 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

1. Sunny Bhumbla Vs Shashi on 25 January, 2010
2. Ritu @ Ridhima and Another Vs Sandeep Singh Sangwan on 15 Mar 2022
3. Nachhattar Singh Vs Rai Singh and Anr on 28 Jul 2022

 

High Court for the State of Telangana Judgment

1. 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

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

 

 

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