A full bench of Apex Court passed guidelines to follow, When perjury proceedings can be initiated.
From Paras 16-20,
James Kunjwal Vs State of Uttarakhand and Anr on 13 Aug 202416. What we may conclude from a perusal of the above-noticed judicial pronouncements is that:-
(i) The Court should be of the prima facie opinion that there exists sufficient and reasonable ground to initiate proceedings against the person who has allegedly made a false statement(s);
(ii) Such proceedings should be initiated when doing the same is “expedient in the interests of justice to punish the delinquent” and not merely because of inaccuracy in statements that may be innocent/immaterial;
(iii) There should be “deliberate falsehood on a matter of substance”;
(iv) The Court should be satisfied that there is a reasonable foundation for the charge, with distinct evidence and not mere suspicion;
(v) Proceedings should be initiated in exceptional circumstances, for instance, when a party has perjured themselves to beneficial orders from the Court.
17. The statement made by the appellant, that has been deemed to be befitting the offence of giving false evidence before the Court, which is known commonly as perjury, was more in the nature of denial of the statements made in the affidavits of the complainant herein.
18. We are of the view that, in the present facts, a denial simpliciter cannot meet the threshold, as described in the judgments above, particularly when no malafide intention/deliberate attempt can be understood from the statement made by the appellant in the affidavit. As has already been observed, mere suspicion or inaccurate statements do not attract the offence under the Section. It cannot be disputed that the statements made in the affidavit were only to state his version of events and/or deny the version put forth by the complainant.
19. We are also of the firm opinion that such statements do not make it expedient in the interest of justice, nor constitute exceptional circumstances in which such Sections may be invoked. Given that these proceedings would constitute an offence, independent of the one for which the appellant is already facing trial, it cannot be unequivocally held that there was deliberate falsehood on a matter of substance.
20. We find that at least three of the possible scenarios, as discussed supra, in which a court would be justified in invoking these powers on the face of it appear to be unmet, prosecution, therefore, would be unjust. We say so for the reason that the respondent in her counter affidavit filed before this Court makes no particular allegation nor does she provide any of the material that was allegedly placed before the competent prosecuting authorities or the Court. She only alleges untruth on the part of the appellant 8/12/2024 stating that the Court was correct in initiating proceedings against him for making the false statement. She further makes certain statements that fall outside the scope of the present adjudication and pertain to the trial of the main offence pending before the court of competent jurisdiction.
Citations: [2024 INSC 601], [2024 Latest Caselaw 508 SC]
Other Sources:
https://indiankanoon.org/doc/84159018/
https://www.casemine.com/judgement/in/66beef2337d7e5445370dff1
https://www.indianemployees.com/judgments/details/james-kunjwal-versus-state-of-uttarakhand
https://www.livelaw.in/supreme-court/s-193-ipc-when-can-perjury-proceedings-be-initiated-against-a-litigant-supreme-court-explains-266668
https://www.latestlaws.com/latest-caselaw/2024/august/2024-latest-caselaw-508-sc/
https://www.lawtext.in/judgement.php?bid=442
https://www.verdictum.in/court-updates/supreme-court/james-kunjwal-v-state-of-uttarakhand-2024-insc-601-mere-denial-of-averments-in-pleadings-not-perjury-no-malafide-intention-1547820
https://www.advocatekhoj.com/library/judgments/announcement.php?WID=17806
https://lawtrend.in/mere-denial-in-affidavit-doesnt-constitute-offence-under-section-193-ipc-supreme-court-quashed-perjury-charges/
Index of perjury judgments is here.
