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Tag: IPC 191 – Giving false evidence

Punjab Tractors Ltd Vs M/s International Traders Ltd and Ors on 18 Sep 2009 – Judgment Summary

Posted on March 8 by Suprajaa Rajan

The Delhi High Court decided an important issue on perjury proceedings under Section 340 CrP (Section 379 BNSS).

The defendants sought prosecution of the plaintiff’s officials for allegedly filing fabricated drawings and false statements. The court examined whether the circumstances justified criminal prosecution for perjury during civil proceedings.

The judgment clarifies that courts must exercise extreme caution before initiating perjury proceedings. Courts should order prosecution only in clear cases where conviction appears likely.

The following paragraphs explain the court’s reasoning that led to the final decision.

“21. Formation of prima facie opinion that a person charged has intentionally given false evidence is a condition precedent for directing lodging of a complaint. The existence of mens rea or criminal intention behind act complained of will have to be looked into and considered before any action under Section 340 of the Cr.PC is recommended.”

“22. The affidavits of Mr. Manrao and Mr. Rihal aforesaid were in the nature of pleadings of the plaintiff. The court must be very cautious in its approach in prosecuting a person for making any statement claimed to be false in regard to a pleading, so that party’s right to plead freely is not curtailed.”

“23.It cannot also be lost sight of that in criminal prosecution there is waste of public funds and time of courts. For this reason also in every case of perjury the court would not mechanically take cognizance or direct prosecution. Prosecution should be ordered only when it is considered expedient and in the interest of justice to punish the delinquent.”

“24. There is yet another principle of law though relating to witnesses. A witness is entitled to an opportunity to correct himself. In the present case, Mr. Rihal during the cross examination admitted two mistakes in the drawings alleged to be fabricated. Mr. Rihal having corrected himself, ought not to be prosecuted.”

Decision

The Delhi High Court dismissed the defendants’ application under Section 340 CrPC (Section 379 BNSS).

The court held that the facts did not justify prosecution for perjury. The alleged discrepancies in drawings did not establish deliberate falsity or criminal intent.

The court also noted that excessive perjury prosecutions may defeat the purpose of justice.


Punjab Tractors Vs International Tractors on 18 Sep 2009

Citation :167 (2010) DLT 490

Other Sources :


Index of Perjury Judgements is here. 


Key Contributor :

Mrs Suprajaa Rajan B.Com., LL.B., LL.M.

+91-9606345150


Posted in High Court of Delhi Judgment or Order or Notification | Tagged BNSS 379 - Procedure in cases mentioned in section 215 Cases where Perjury Proceedings were initated IPC 191 - Giving false evidence Punjab tractors ltd Vs M/s International Traders ltd and Ors Section 340 CrPC | Leave a comment

James Kunjwal Vs State of Uttarakhand and Anr on 13 Aug 2024

Posted on August 14, 2024 by ShadesOfKnife

A full bench of Apex Court passed guidelines to follow, When perjury proceedings can be initiated.

From Paras 16-20,

16. 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.

James Kunjwal Vs State of Uttarakhand and Anr on 13 Aug 2024

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.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 340 read with CrPC 195 IPC 191 - Giving false evidence IPC 193 - Punishment for false evidence Issued or Recommended Guidelines or Directions or Protocols to be followed James Kunjwal Vs State of Uttarakhand and Anr Landmark Case Perjury Under 340 CrPC Reportable Judgement or Order | Leave a comment

Kuldeep Kumar Vs U.T. Chandigarh and Ors on 20 Feb 2024

Posted on March 14, 2024 by ShadesOfKnife

A full bench of Apex Court passed order to initiate perjury proceedings against a Presiding Officer of conducting the election to the Post of Mayor of the Chandigarh Municipal Corporation, as follows,

From Paras 40-42,

40. Further, we are of the considered view that a fit and proper case is made out for invoking the jurisdiction of this Court under Section 340 of the Code of Criminal Procedure 1973 in respect of the conduct of Shri Anil Masih, the Presiding Officer. In paragraph 2 of the order dated 19 February 2024, we have recorded the statement which was made by the Presiding Officer when he appeared personally before this Court. As Presiding Officer, Shri Anil Masih could not have been unmindful of the consequences of making a statement which, prima facie, appears to be false to his knowledge in the course of judicial proceedings.
41. The Registrar (Judicial) is accordingly directed to issue a notice to show cause to Shri Anil Masih of the Chandigarh Municipal Corporation who was the Presiding Officer at the election which took place on 30 January 2024, as to why steps should not be initiated against him under Section 340 of the Code of Criminal Procedure 1973. The notice shall be made returnable on 15 March 2024.
42. Shri Anil Masih shall have an opportunity to file his response to the notice to be issued in pursuance of the above directions in the meantime.

Kuldeep Kumar Vs U.T. Chandigarh and Ors on 20 Feb 2024

Previous Order where false statement was made in paragraph 2.

2. During the course of the hearing, the Returning Officer Mr Anil Masih is present before this Court. Responding to a query of the Court, Mr Masih stated that he had, besides signing the ballot papers, put his mark at eight ballot papers during the course of the counting of the votes. He states that he did so as he found that the ballot papers were defaced.

Kuldeep Kumar Vs U.T. Chandigarh and Ors on 19 Feb 2024

Index of Perjury judgments is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision CrPC 340 read with CrPC 195 IPC 191 - Giving false evidence IPC 193 - Punishment for false evidence Kuldeep Kumar Vs U.T. Chandigarh and Ors Perjury Under 340 CrPC | Leave a comment

IPC 191 – Giving false evidence

Posted on July 17, 2018 by ShadesOfKnife

—Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or be­lieves to be false or does not believe to be true, is said to give false evidence.

Explanation 1.—A statement is within the meaning of this sec­tion, whether it is made verbally or otherwise.

Explanation 2.—A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.

Illustrations

(a) A, in support of a just claim which B has against Z for one thousand rupees, falsely swears on a trial that he heard Z admit the justice of B’s claim. A has given false evidence.
(b) A, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that which he knows to be false, and therefore gives false evidence.
(c) A, knowing the general character of Z’s handwriting, states that he believes a certain signature to be the handwriting of Z; A in good faith believing it to be so. Here A’s statement is merely as to his belief, and is true as to his belief, and there­fore, although the signature may not be the handwriting of Z, A has not given false evidence.
(d) A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not knowing anything upon the subject. A gives false evidence whether Z was at that place on the day named or not.
(e) A, an interpreter or translator, gives or certifies as a true interpretation or translation of a statement or document which he is bound by oath to interpret or translate truly, that which is not and which he does not believe to be a true interpretation or translation. A has given false evidence.
Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 191 - Giving false evidence | Leave a comment

Baban Singh And Anr Vs Jagdish Singh & Ors on 8 February, 1966

Posted on June 12, 2018 by ShadesOfKnife

Hon’ble Apex Court here in this excellent judgment that,

 

Section 191 and 192 IPC deal with perjury and filing of false affidavit in pleadings would be covered under Section 191. Section 191 deals with evidence on oath and Section 192 with fabricating false affidavits; the offence under Section 191 IPC is constituted by swearing falsely when one is bound by oath to state the truth because a declaration made under an oath. The definition of the offence of giving false evidence thus applies to the affidavits.

The offence may also fall within Section 192 which, inter alia, lays down that a person is said to fabricate false evidence if he makes a document containing a false statement intending that such false statement may appear in evidence in a judicial proceeding and so appearing in evidence may cause any person who, in such proceedings is to form an opinion upon the evidence to entertain an erroneous opinion touching any point material to the result of such proceedings.

Therefore, where declarations in affidavits which were tendered in the Court to be taken into consideration, the authors of the affidavit clearly intended the statement to appear in evidence in a judicial proceedings and so appearing, to cause the Court to entertain an erroneous opinion regarding the compromise, therefore, the offence would fall within Section 191, 192 which is punishable under Section 193 IPC, therefore, it was held that the authors of the affidavits were guilty of offence of giving false evidence or fabricating false evidence for the purpose of being used in judicial proceedings.

 

Baban Singh And Anr Vs Jagdish Singh & Ors on 8 February, 1966
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Baban Singh And Anr Vs Jagdish Singh and Ors CrPC 340 read with CrPC 195 IPC 191 - Giving false evidence IPC 192 - Fabricating false evidence IPC 193 - Punishment for false evidence Perjury Under 340 CrPC | Leave a comment

Inderjit Singh Grewal Vs State Of Punjab & Anr on 23 August, 2011

Posted on May 19, 2018 by ShadesOfKnife

This is a wonderful judgment from Hon’ble Supreme Court whereby the knife filed a case under Protection of Women from Domestic Violence Act and approached the Hon’ble court with unclean hands and committed fraud upon the Hon’ble.

Key (Tricky) Highlight around applicability of CrPC but not Sec 468 CrPC:

24. Submissions made by Shri Ranjit Kumar on the issue of limitation, in view of the provisions of Section 468 Cr.P.C., that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of Sections 28 and 32 of the Act 2005 read with Rule 15(6) of The Protection of Women from Domestic Violence Rules, 2006 which make the provisions of Cr.P.C. applicable and stand fortified by the judgments of this court in Japani Sahoo v. Chandra Sekhar Mohanty, AIR 2007 SC 2762; and Noida Entrepreneurs Association v. Noida & Ors., (2011) 6 SCC 508.

Inderjit Singh Grewal vs State Of Punjab & Anr on 23 August, 2011

Citations : [2011 ANJ SC SUPP 2 90], [2012 CRLJ SC 309], [2012 ALLMR CRI SC 369], [2011 CRIMES SC 4 51], [2011 SUPREME 6 181], [2011 RCR CIVIL SC 4 129], [2011 RCR CRIMINAL SC 4 1], [2011 SCC 12 588], [2011 SLT 6 434], [2011 AIOL 597], [2011 SCALE 9 295], [2011 JT 11 177], [2012 SCC CRI 2 614], [2011 ACR SC 3 3544], [2011 DMC SC 3 7], [2011 KCCR 4 3283], [2011 KLJ 3 40], [2011 KLT SN 4 69], [2011 NCC 2 544], [2011 SCR 10 557], [2011 UC 3 1758], [2012 SCC CIV 2 742]

Other Sources :

https://indiankanoon.org/doc/1337239/

https://www.casemine.com/judgement/in/5609af03e4b014971141557d


Another previous judgment cited in this judgment is available here.


Index DV case laws is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations Inderjit Singh Grewal Vs State Of Punjab and Anr IPC 191 - Giving false evidence IPC 193 - Punishment for false evidence IPC 40 - “Offence” IPC 43 - “Illegal” Landmark Case Legal Procedure Explained - Interpretation of Statutes Mutual Consent Divorce Order Quashed Perjury - Approached Court with Unclean Hands Protection of Women from Domestic Violence Act 2005 PWDV Act - 1 Year Limitation From Date Of Last Offence PWDV Act Sec 12 - Domestic Violence Application to Magistrate | Leave a comment

Mahesh Tiwari Vs State Of U.P. And Another on 24 August, 2016

Posted on April 21, 2018 by ShadesOfKnife

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.

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged CrPC 340 read with CrPC 195 CrPC 482 - Saving of inherent powers of High Court IPC 191 - Giving false evidence IPC 192 - Fabricating false evidence IPC 193 - Punishment for false evidence Mahesh Tiwari Vs State Of U.P. Perjury Under 340 CrPC Quash Sandeep Pamarati | Leave a comment

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    THIS IS A SCHEDULED EVENT Jun 23, 03:00 - 08:00 UTC Jun 18, 18:30 UTC Scheduled - We will be performing scheduled maintenance in MSP (Minneapolis) datacenter on 2026-06-23 between 03:00 and 08:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window […]

RSS List of Spam Server IPs from Project Honeypot

  • 34.14.86.214 | SD June 22, 2026
    Event: Bad Event | Total: 12 | First: 2026-01-12 | Last: 2026-06-22
  • 34.52.210.100 | S June 22, 2026
    Event: Bad Event | Total: 2 | First: 2026-06-22 | Last: 2026-06-22
  • 45.174.88.88 | S June 22, 2026
    Event: Bad Event | Total: 10 | First: 2025-08-07 | Last: 2026-06-22
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