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Tag: CrPC 344 – Summary procedure for trial for giving false evidence

CrPC 344 – Summary procedure for trial for giving false evidence

Posted on March 17, 2019 by ShadesOfKnife
344. Summary procedure for trial for giving false evidence.

(1) If, at the time of delivery of any judgment or final order disposing of any judicial proceeding, a Court of Session or Magistrate of the first class expresses an opinion to the effect that any witness ap- pearing in such proceeding had knowingly or wilfully given false evidence or had fabricated false evidence with the intention that such evidence should be used in such proceeding, it or he may, if satisfied that it is necessary and expedient in the interest of justice that the witness should be tried summarily for giving or fabricating, as the case may be, false evidence, take cognizance of the offence and may, after giving the offender a reasonable opportunity of showing cause why he should not be punished for such offence, try such offender summarily and sentence him to imprisonment for a term which may extend to three months, or to fine which may extend to five hundred rupees, or with both.
(2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.
(3) Nothing in this section shall affect the power of the Court to make a complaint under section 340 for the offence, where it does not choose to proceed under this section.
(4) Where, after any action is initiated under sub- section (1), it is made to appear to the Court of Session or Magistrate of the first class that an appeal or an application for revision has been preferred or filed against the judgment or order in which the opinion referred to in that sub- section has been expressed, it or he shall stay further proceedings of the trial until the disposal of the appeal or the application for revision, as the case may be, and thereupon the further proceedings of the trial shall abide by the results of the appeal or application for revision.
Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 344 - Summary procedure for trial for giving false evidence | Leave a comment

Mahila Vinod Kumari Vs State Of M.P on 11 July, 2008

Posted on August 10, 2018 by ShadesOfKnife

Hon’ble Supreme Court held that perjury proceedings initiated by Trial Court and High Court does not suffer from any infirmity and as such the petitions were dismissed,

As she resiled from the statement made during investigation, she was permitted to be cross-examined by the prosecution. She even denied to have lodged the first information report (Exh.P-1) and to have given any statement 1 to the police (Exh.P-2). In view of the statement of the petitioner, the two accused persons were acquitted by judgment dated 28.11.2001.

Another gem of the mindset of some women and her family members

Learned counsel for the petitioner stated that being a girl of tender age, she was pressurized by her mother and uncle to give a false report. This is at variance with the statement made in court during trial to the effect that she had not reported anything to the police.

Purpose of Section 344, Cr.P.C.

The purpose of enacting Section 344, Cr.P.C. corresponding to Section 479-A of the Code of Criminal Procedure, 1898 (hereinafter referred to as ‘the Old Code’) appears to be further arm the Court with a weapon to deal with more flagrant cases and not to take away the weapon already in its possession. The object of the legislature underlying enactment of the provision is that the evil of perjury and fabrication of evidence has to be eradicated and can be better achieved now as it is open to the courts to take recourse to Section 340(1) (corresponding to Section 476 of the Old Code) in cases in which they are failed to take action under Section 344 Cr.P.C.

Conditions to initiate CrPC 344 proceedings

For exercising the powers under the section the Court at the time of delivery of judgment or final order must at the first instance express an opinion to the effect that the witness before it has either intentionally given false evidence or fabricated such evidence. The second condition is that the Court must come to the conclusion that in the interests of justice the witness concerned should be punished summarily by it for the offence which appears to have been committed by the witness. And the third condition is that before commencing the summary trial for punishment the witness must be given reasonable opportunity of showing cause why he should not be so punished. All these conditions arc mandatory. [See Narayanswamy v. State of Muharashtra, (1971) 2 SCC 182].

Mahila Vinod Kumari Vs State Of M.P on 11 July, 2008

Citations : [2008 SCC 8 34], [2008 KERLT 3 509], [2009 SCJ 1 89], [2009 SCJ 1 396], [2008 AIR SC 2965], [2008 SCR 10 869], [2008 SCALE 10 97], [2008 SLT 6 419], [2008 AIR SC 4989], [2009 MPJR 1 7], [2008 CALCRILR 2 490], [2009 ILR MP 332], [2008 KLD 2 513], [2008 RAJLW 3 2379], [2008 AIOL 814], [2009 BOMCR CRI SC 2 494], [2008 SCC CRI 3 414], [2008 AIC SC 69 189], [2008 AIR SCW 4989], [2008 CRLJ SC 3867]

Other Sources:

https://indiankanoon.org/doc/46073/

https://www.casemine.com/judgement/in/5609ae92e4b01497114142e2

https://www.legalauthority.in/judgement/mahila-vinod-kumari-vs-state-of-m-p-13468

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 344 - Summary procedure for trial for giving false evidence False Incest Or Rape Or Sexual Or Sexual Harassment Allegations Landmark Case Legal Procedure Explained - Interpretation of Statutes Mahila Vinod Kumari Vs State Of M.P Perjury Under 340 CrPC | Leave a comment

Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Posted on June 8, 2018 by ShadesOfKnife

Justice A.Mateen of High Court of Judicature at Allahabad, Lucknow Bench directed the Additional Principal Judge Family Court to dispose of the application so moved by the petitioner under Section 340, 344 Cr.P.C. before proceeding further in accordance with law.

Case No: W.P No. 56 of 2002

Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Citations:

Other sources:

Syed Nazim Husain vs The additional principal Judge Family court & another writ Petition No. ( M/S ) of 2002

https://www.sifchandigarh.com/judgement/syed-nazim-husain-vs-the-additional-principal-judge


Index of Perjury judgment is here.

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged CrPC 340 - Dispose Perjury first CrPC 340 read with CrPC 195 CrPC 344 - Summary procedure for trial for giving false evidence Perjury Under 340 CrPC Syed Nazim Husain Vs Additional Principal Judge Family Court and Anr | 10 Comments

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.

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.

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

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. Chandra Shashi Vs Anil Kumar Verma on 14 November, 1994 [2 weeks imprisonment for husband for the Contempt of Court]
  7. Dhananjay Sharma Vs State Of Haryana And Ors on 2 May, 1995
  8. Dr. Buddhi Kota Subbarao Vs Mr. K.Parasaran and Ors on 13 Aug 1996 [Landmark: Suppression of material facts]
  9. Sachida Nand Singh and Anr Vs State of Bihar and Anr on 3 February, 1998
  10. 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.]
  11. Madras High Court Advocates Association Vs Dr.A.S.Anand, Honble The C.J.I. on 12 May 2001 []
  12. 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)
  13. 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]
  14. Iqbal Singh Marwah & Anr Vs Meenakshi Marwah & Anr on 11 March, 2005
  15. Mahila Vinod Kumari Vs State Of M.P on 11 July, 2008 [Landmark: Initiate perjury proceedings more effectively and frequently]
  16. K.D. Sharma Vs Steel Authority Of India Ltd. and Ors. on July 09, 2008 [Landmark: Suppression of material facts]
  17. 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.‘]
  18. Meghmala & Ors Vs G.Narasimha Reddy & Ors on 16 August, 2010
  19. 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]
  20. Ramrameshwari Devi and Ors Vs Nirmala Devi and Ors on 4 July, 2011
  21. Inderjit Singh Grewal Vs State Of Punjab & Anr on 23 August, 2011
  22. 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]
  23. Kishore Samrite Vs State of U.P. and Ors on 18 October, 2012 [Landmark: Suppression of material facts]
  24. Perumal Vs Janaki on 20 January, 2014
  25. 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]
  26. Sciemed Overseas Inc. Vs BOC India Limited & Ors on 11 January, 2016
  27. 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]
  28. State Of Goa Vs Jose Maria Albert Vales @ Robert Vales on 18 Aug 2017 (Cites MS Sheriff)
  29. Sarvepalli Radhakrishnan University and Anr Vs UOI and Ors 07 January, 2019 (Cites Madras High Court Advocates Association)
  30. 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]
  31. Aarish Asgar Qureshi Vs Fareed Ahmed Qureshi on 26 February, 2019 (Bombay HC order for Perjury inquiry was set aside by SC)
  32. Sasikala Pushpa and Ors Vs State of Tamil Nadu on 07 May 2019
  33. 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)
  34. Ms New Era Fabrics Ltd Vs Bhanumati Keshrichand Jhaveri and Ors on 03 Mar 2020 (Cites Madras High Court Advocates Association)
  35. MS Bandekar Brothers Pvt Ltd and Anr Vs Prasad Vassudev Keni on 2 September 2020
  36. Bhima Razu Prasad Vs State of Tamil Nadu on 12 Mar 2021
  37. Ram Kumar Vs State of UP and Ors on 28 Sep 2022 (Relies on Chengalvaraya above)
  38. 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]
  39. James Kunjwal Vs State of Uttarakhand and Anr on 13 Aug 2024 [Landmark: When perjury proceedings can be initiated]
  40. 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)

 

District Courts:

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

 

 

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. 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)
  6. Surendra Vishwanath Mishra Vs The State of Maharashtra on 18 February, 2019 (Dispose Perjury First)

 

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. Mohd. Ghouse Khan Vs State of Telangana on 15 Oct 2019 (Dispose Perjury First)
  2. 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

 


Go here for Cases where Perjury Proceedings were initiated.


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