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.