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Tag: Perjury Under Section 340 CrPC

Prabhakar Yeshwant Masram and Anr Vs Sou Tula Namdeorao Jaipurkar and Anr on 21 Jul 2026

Posted on July 26 by ShadesOfKnife

A division bench of Supreme Court held that, ‘Typographical Errors In Pleadings Cannot Trigger Proceedings U/S 340 CrPC Unless They Amount To Deliberate Falsehood’ and ‘Wrong Statement’ In Pleadings Not Necessarily A ‘False Statement’.

Note: This is a Criminal Appeal filed in 2015, got disposed in 2026. A full 12 years… Hope the parties are still alive. Right to speedy trail seems to be a myth in India.

From Para 7,

It is by now settled that while entertaining proceedings under Section 340 of the Cr.P.C., it must be borne in mind that the material produced before the Court ought to make out a prima facie case for an inquiry to be made into an offence referred to in Section 195(1)(b) of the Penal Code. Further, the Court has to also consider whether it is expedient in the interest of justice that such inquiry should be made into the alleged offence. Reference in this regard can be usefully made to the decision of the Constitution Bench in Iqbal Singh Marwah and another Vs. Meenakshi Marwah and another9.

From Para 10,

10. A reading of the aforesaid observations clearly indicates that the Court was prima facie satisfied that ‘wrong statements’ had been made by the defendant and his learned counsel in the miscellaneous appeal and, hence, a prima facie case for lodging a complaint had been made out.

From Para 11,

11. From the aforesaid provisions, it becomes clear that what is punishable is the giving of ‘false evidence’ under Section 193 or making of a ‘false statement’ under Section 199. What is thus required at the stage of directing initiation of proceedings for an offence punishable under the said provisions is a prima facie case of having given ‘false evidence’ or making a ‘false statement’ in a declaration which by law is receivable as evidence. As noted above, the Court for the purposes of directing the filing of a complaint recorded its prima facie satisfaction that ‘wrong statements’ had been made in the memorandum of appeal and the application for stay preferred by the defendant that was filed through his learned counsel. The order dated 19.01.2006 directing lodging of a complaint does not record any prima facie satisfaction that ‘false statement’ had been made in the aforesaid proceedings. There is a material difference between making a ‘wrong statement’ and ‘false statement’ in the context of Sections 199 and 200 of the Penal Code. A ‘wrong statement’ of fact may not always have the character of a ‘false statement’. While making of a ‘wrong statement’ may not fall within the ambit of Sections 199 and 200 of the Penal Code, a ‘false statement’ would qualify as relevant material for being considered as an offence under the said provisions. The threshold for initiating action for an offence punishable under Sections 199 and 200 of the Penal Code is the making of a ‘false statement’ and not the making of a ‘wrong statement’. It is so because a ‘false statement’ denotes a deliberate intention in making such statement; in other words, it is a wrongful or erroneous statement made intentionally to gain an undue advantage. Thus, the basic premise on which the Court proceeded to direct a complaint to be filed is erroneous and it does not satisfy the necessary threshold. It is, therefore, clear that no prima facie satisfaction was recorded by the Court that ‘false statements’ were made by the defendant and his learned counsel in the memorandum of appeal and in the application for stay, warranting initiation of proceedings for the offence punishable under Sections 193, 199 and 200 of the Penal Code.

From Para 12,

12. It is also pertinent to note that the Court failed to record its satisfaction that it was expedient in the interest of justice that an inquiry should be made into the alleged offence in view of such statements. Without recording any satisfaction that it was indeed expedient in the interest of justice to hold an enquiry, such a direction was issued. Section 340 (1) of the Cr.P.C. mandates that a Court before directing an inquiry to be made into any offence referred to in Section 195 (1) (b) of the Penal Code, it should form an opinion that it is expedient in the interests of justice that such inquiry is in fact necessary. This would indicate that on the mere making of a ‘wrong statement’, an inquiry cannot be ordered. The forming of an opinion by the Court that holding of an inquiry is in fact expedient in the interests of justice is also a must. Ordering an inquiry without formation of any opinion as required by Section 340 (1) of the Cr.P.C. would render the order bad in law being not in accordance with the mandate of Section 340 (1).

From Para 13,

13. The High Court in the appeal preferred by the appellants challenging the order directing initiation of criminal proceedings proceeded to record its satisfaction that the appellants had filed a false affidavit in support of the application for stay. Such prima facie finding not having been recorded by the court of first instance, the High Court in the appeal preferred by the appellants challenging that order could not have recorded such finding, especially when the plaintiffs had not challenged the said order. The appellants could not have been placed in a worse position by preferring an appeal. The court of first instance having prima facie found that it was a case of making ‘wrong statements’, the High Court went on to record a finding that the appellants had in fact filed a false affidavit. Further, the High Court also recorded a finding as to the expediency of filing a complaint in the interests of justice. This finding was absent in the original order. The High Court has, thus, proceeded to improve the impugned order in an appeal preferred by the appellants, who were in fact aggrieved by the same. Such course is not permissible in law.

From Para 14,

14. We may also note that the application under Section 340 of the Cr.P.C. came to be filed by the plaintiffs on 27.04.2005. Much prior thereto, on 20.09.2004 the defendant through his learned counsel moved an application seeking correction of the typing mistakes in the memorandum of appeal as well as the application for stay.

From Para 17,

17. Before parting, it may be noted that the Constitution Bench in Iqbal Singh Marwah and another (supra) was of the view that a direction for filing of a complaint normally ought not to be made during the pendency of the substantive proceedings before the Court but only when the proceedings conclude and the final judgment is rendered. The object is clear inasmuch as the main proceedings ought to be proceeded with and decided instead of diverting them with the aid of Section 340 of the Cr.P.C. It is noticed that at times, the aid of Section 340 of the Cr.P.C. is sought to be taken merely to delay the adjudication of the substantive proceedings, as also in the present case. The dictum of the Constitution Bench, thus, ought to be borne in mind by the Courts.

Prabhakar Yeshwant Masram and Anr Vs Sou Tula Namdeorao Jaipurkar and Anr on 21 Jul 2026

Citations: [2026 INSC 724]

Other Sources:

https://indiankanoon.org/doc/25151633/

https://www.casemine.com/judgement/in/6a5f599e5fc2952542506833

https://www.livelaw.in/supreme-court/wrong-statement-in-pleadings-not-necessarily-a-false-statement-supreme-court-quashes-perjury-case-542312

https://www.verdictum.in/supreme-court/prabhakar-yeshwant-masram-and-another-v-sou-tula-namdeorao-jaipurkar-and-another-2026-insc-724-1618292

The Perjury Threshold: Evaluating Wrong Statements in Pleadings


Index of Perjury Judgments here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 340 - Dismissed/Rejected Perjury Under Section 340 CrPC Prabhakar Yeshwant Masram and Anr Vs Sou Tula Namdeorao Jaipurkar and Anr Reportable Judgement or Order | Leave a comment

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 Perjury Under Section 340 CrPC Punjab tractors ltd Vs M/s International Traders ltd and Ors | Leave a comment

Kamaljeet Kaur and Anr Vs Harbhajan Singh and Anr on 26 Aug 2022

Posted on March 7 by Suprajaa Rajan

The High Court held that initiation of proceedings under Section 340 Cr.P.C. was justified where the court found possible false statements regarding employment in a maintenance petition. The Court observed that such proceedings aim to protect the sanctity of judicial processes.

The Court ruled that the truth of the allegations must emerge during the enquiry. It dismissed the appeal and allowed the perjury proceedings to continue.

The following extracts form the basis of the Court’s reasoning.

“Admittedly, the dispute is between appellant No.1 and respondent No.1, who are husband and wife. Due to the matrimonial discord, appellant No.1 left the matrimonial home on 25.09.2017 and both of them started living separately.”

“A perusal of the provisions of Section 340 Cr.P.C. makes it evident that if the Court is of the opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in Clause (b) of Sub-Section (1) of Section 195… such Court after such preliminary enquiry is competent to order the proceedings under Section 340 Cr.P.C.”

“Initiation of the proceedings under Section 340 Cr.P.C. is to carry out a thorough enquiry by affording opportunity to both the sides for establishing the truthfulness in the allegations.”

“Initiation of the proceedings under Section 340 Cr.P.C. in itself cannot be said to be punitive. Rather the same is expedient in the interest of justice for maintaining the sanctity of the judicial proceedings.”

“After hearing the counsel for the appellants and perusing the record… this Court is of the opinion that the impugned complaint and impugned orders suffer from no illegality.”

Decision

The High Court dismissed the appeal.

It upheld the Family Court’s decision to initiate proceedings under Section 340 Cr.P.C. The Court held that such enquiry was necessary to determine the truth of the alleged false statements regarding employment.

However, the Court clarified that its observations would not influence the trial court during further proceedings.


Kamaljeet Kaur Vs Harbhajan Singh on 26 Aug 2022

Index of Perjury Judgements is here.


Key Contributor :

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

+91-9606345150


Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged BNSS Sec 144 - Order for maintenance of wives children and parents Cases where Perjury Proceedings were initated CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents false affidavit family court litigation Perjury Under Section 340 CrPC | Leave a comment

Amit Bajpai Vs State of U.P. and Anr on 15 Dec 2023

Posted on March 4 by Suprajaa Rajan

The Allahabad High Court held that when a party files an application under Section 340 Cr.P.C. alleging false affidavit, the Family Court must decide that application before proceeding with the maintenance case under Section 125 Cr.P.C. The Court ruled that failure to do so vitiates the maintenance order if it relies on the disputed affidavit. The High Court set aside the maintenance order and directed the Family Court to first decide the perjury application within a fixed time frame.

“It is further submitted by learned counsel for the revisionist that the learned Family Court without deciding the application filed by the revisionist under Section 340 Cr.P.C. has proceeded with the case and decided the application filed by opposite party no.2 under Section 125 Cr.P.C. and maintenance has been awarded on relying the false affidavit filed by opposite party no.2.”

“Learned counsel for the opposite party no.2 and learned A.G.A. for the State do not dispute the aforesaid legal position.”

“In view of above the criminal revision is allowed. The judgement and order dated 14.06.2023 passed by Additional Principal Judge, Family Court, Court No.-1, Kanpur Nagar in Case No.- 502 of 2020 is set aside.”

“Learned Principal Judge, Family Court, Court No.-1/court concerned is directed to decide the application filed by revisionist under Section 340 Cr.P.C. which was registered as Misc. Application No. 473 of 2022 within a period of three months from the date of production of certified copy of this order, and thereafter the application filed by opposite party no.2 under Section 125 Cr.P.C. expeditiously, without granting undue adjournments to either of the parties unless there is any legal impediments.”

Decision

The High Court allowed the criminal revision.

  • It set aside the maintenance order.
  • It directed the Family Court to first decide the Section 340 Cr.P.C. application.
  • It ordered that the maintenance case proceed only thereafter.

Amit Bajpai Vs State of UP on 15 Dec 2023

Citation: [2023:AHC:238266]

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 Allahabad Judgment or Order or Notification | Tagged Amit Bajpai Vs State of UP and Anr BNSS Sec 144 - Order for maintenance of wives children and parents Cases where Perjury Proceedings were initated CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents maintenance order set aside Perjury Under Section 340 CrPC | Leave a comment

BNSS 379 – Procedure in cases mentioned in section 215

Posted on March 3 by ShadesOfKnife

379. Procedure in cases mentioned in section 215.—
(1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 215, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,—
(a) record a finding to that effect;
(b) make a complaint thereof in writing;
(c) send it to a Magistrate of the first class having jurisdiction;
(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and
(e) bind over any person to appear and give evidence before such Magistrate.
(2) The power conferred on a Court by sub-section (1) in respect of an offence may, in any case where that Court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub-section (4) of section 215.
(3) A complaint made under this section shall be signed,—
(a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;
(b) in any other case, by the presiding officer of the Court or by such officer of the Court as the Court may authorise in writing in this behalf.
(4) In this section, “Court” has the same meaning as in section 215.


Entire BNSS is here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged BNSS 379 - Procedure in cases mentioned in section 215 Perjury Under Section 340 CrPC | Leave a comment

Shailendra Sharma and Ors Vs Indus Residency Pvt Ltd and Ors on 07 Jan 2026

Posted on March 3 by ShadesOfKnife

A single judge of Madhya Pradesh Hugh Court at Jabalpur Bench held as follows,

From Para 8,

8. A police officer cannot directly register a crime for offence under Section 215 B.N.S.S. once the offence is committed in or in relation to a proceeding in the Court. As per Section 379 B.N.S.S., the Court has to cause preliminary enquiry and then can make a complaint in writing. However, in the present case, the Court has not made any enquiry, nor recorded any prima-facie satisfaction and has simply directed the police authorities to carry out an investigation and submit a report before the Court. Though the Court in its discretion could have directed the police authorities to investigate the matter and to furnish report before the Court, but the discretion to register FIR should not have been left at the discretion of the police authorities. It was for the Court to have applied its mind after receiving the preliminary enquiry report of the police authorities.

Shailendra Sharma and Ors Vs Indus Residency Pvt Ltd and Ors on 07 Jan 2026

Citations: [2026:MPHC-JBP:1337]

Other Sources:

 


Index of Perjury judgments is here.

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision BNSS 379 - Procedure in cases mentioned in section 215 Legal Procedure Explained - Interpretation of Statutes Perjury Under Section 340 CrPC Shailendra Sharma and Ors Vs Indus Residency Pvt Ltd and Ors | Leave a comment

Neha Lal Vs Abhishek Kumar on 20 Jan 2026

Posted on January 27 by ShadesOfKnife

A division bench of Supreme Court held that Perjury applications shall continue, despite grant to divorce.

From Paras 28 to 30,

28. Now coming to the cases pending between the parties. All the cases pending between the parties, as mentioned in paragraph No.8.8, shall stand disposed of without any further action by them. However, the following applications filed by the parties raising plea of perjury shall continue because no one can be permitted to pollute the stream of justice, as emphasized by this Court in Kusha Duruka vs. The State of Odisha10. The cases being:
(i) Crl. M. A. No.42585 of 2019 in W. P. (Crl.) No.1025 of 2023 (under Section 340 CrPC)
(ii) Application under Section 379 read with 215 BNSS filed in MT No.151 of 2021
(iii) Application under Section 379 read with 215 BNSS filed in MT No.151 of 2021
(iv) Misc. Crl. No.7 of 2019 filed in MT No.853 of 2018
(v) Application under Section 340 CrPC in MT No.853 of 2018
29. It is clarified that if besides the cases mentioned in the paragraph 28, any other application(s) filed by the parties either under section 340 CrPC or under Section 379 read with 215 of BNSS, 2023, the same shall be dealt with on merits by the concerned Courts and will not be disposed of, in view of this order passed by this Court.
30. A copy of the order passed by this Court shall be sent to the Courts concerned for taking action as per the direction in this order. However, if there is any other case arising out of matrimonial dispute, though not mentioned in the list, but pending, the same shall also stand disposed of on production of copy of this order by the parties.

Neha Lal Vs Abhishek Kumar on 20 Jan 2026

Citations:

Other Sources:

 


Index of Perjury Judgments is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 340 read with CrPC 195 Neha Lal Vs Abhishek Kumar Perjury Under Section 340 CrPC Reportable Judgement or Order | Leave a comment

MS Gokaldas Paper Products Vs MS Lilliput Kidswear Ltd Anr on 5 Apr 2023

Posted on November 23, 2025 by ShadesOfKnife

A single judge of Delhi High Court held that acts of Contempt may be purged/remedies but not acts of perjury.

From Paras 7 and 8,

7. This brings us to the next issue i.e., whether Respondents have committed the offence of perjury by making a false statement in the reply to the present petition. In the reply, Respondent No. 2 has categorically denied the liability for Petitioner’s dues, in contrast to his earlier admission. Mr. Nakul Mohta, counsel for Respondent No. 2, argues that the stand taken in the reply was in light of aforementioned facts that came to the knowledge of Respondent No. 2 at a later stage, and for this reason a civil suit was also filed against the Petitioner. Without prejudice, to the above, he contends that a mere contradictory stand taken in a pleading should not on its own invite an action for perjury in exercise of the Court’s discretion provided under Section 340 of the Code of Criminal Procedure, 1973 [hereinafter “CrPC, 1973”]. Respondent No. 2, present in-person, explains that his stand was revised on account of fresh information received from his accounts team regarding debit notes that had been raised on the Petitioner for defective supplies. He states that earlier at the time of confirming Petitioner’s dues, he was unaware of the said debit notes and was in fact, hard pressed by multiple legal proceedings which were ongoing. At this juncture, he is willing to tender an unconditional apology to this Court.
8. The Court is unconvinced by the above submissions. Respondent No. 2, initially refuted the liability to pay the Petitioner’s dues, as recorded in order dated 17thDecember, 2012 in CO. PET. 519/2012. Subsequently in the said proceedings, he filed an affidavit in reply in February, 2013 [hereinafter “Affidavit of February, 2013”, provided at Annexure-C] admitting his liability and clarifying that the earlier denial was a bona fide mistake on account of a mix-up of files with a similarly named company. He further undertook to pay Petitioner’s dues in ten equal monthly instalments commencing from 01st April, 2013. Now, faced with the present contempt action he has denied his liability entirely by raising a plea of debit notes and has instead raised a claim on the Petitioner.

From Paras 10-12,

10. In the opinion of the Court, reply to the contempt petition, supported by Respondent No. 2’s affidavit, which denies the liability to pay Petitioner’s dues is plainly false in view of unambiguous and categorical admission made to the contrary, in the Affidavit of February, 2013. The explanation or the change in stand premised on Respondents being burdened by multiple pending litigations, downsizing/ lack of staff and lack of knowledge, is not convincing. In the opinion of the Court, the revised stand in the reply appears to be a wilful false statement. In the Affidavit of February, 2013, Respondent No. 2 verified that he was well-versed with the facts and circumstances of the case and that he is competent to swear the affidavit. He further verified that the statements made therein were true and correct to best of his knowledge. The legal system relies heavily on the honesty and integrity of individuals who appear before courts. When one makes a statement before the court or signs an affidavit, they are making a solemn declaration to tell the truth, the whole truth and nothing but the truth. Filing of a false affidavit is a serious offence that undermines the very foundation of the legal system. The subsequent reply and accompanying affidavit prima facie contain false statements made in the course of judicial proceedings, which is punishable under Section 193, 199 and 200 of the Indian Penal Code, 1860 [hereinafter, “IPC, 1860”].
11. Respondent No. 2 has offered to tender an unconditional apology. However, in the opinion of the Court, the same is of no avail. Perjury, is the act of knowingly and wilfully making false statements under oath, with the intent to deceive or mislead the court. It is a serious criminal offence, as it strikes at the very heart of the judicial process by undermining the integrity of the evidence presented in Court. The act of contempt can be purged or remedied, by the offending party, but in contrast, perjury cannot. Simply recanting or correcting a false statement cannot undo the act. Affidavits in a court of law have sanctity and cannot be taken casually. Thus, a false statement to the Court has to necessarily invite adverse action. In the present matter, the Court is not concerned as to why the promised schedule of payments has been breached by Respondents. The primary concern is Respondent No. 2’s statement of denying the liability of the dues in face of an earlier unequivocal admission. Such a contradictory stand without any cogent explanation is prima facie a deliberate false statement to mislead the Court and thus an apology by Respondent No. 2 would not deter an action invited for perjury.
12. Accordingly, this Court is prima facie of the view that offences under Sections 191 and 192 of IPC, 1860 punishable under Section 193, 199 and 200 of IPC, 1860 have been committed by Respondent No.2 in relation to the present proceedings. In terms of Section 340(1) of CrPC, 1973 read with Section 195(1)(b)(i) of CrPC, 1973, this Court is of the opinion that it is expedient in the interests of justice that an inquiry should be made into the false statement made by Respondent No. 2 in the reply to the present petition, for which a written complaint should be made to the concerned Metropolitan Magistrate. The Registrar General is hereby directed to draw up and make a complaint in the above terms and send it to the appropriate Metropolitan Magistrate within four weeks. The said complaint will be accompanied by a complete certified copy of the entire file of the present matter and CO. PET. 519/2012.

MS Gokaldas Paper Products Vs MS Lilliput Kidswear Ltd Anr on 5 Apr 2023

Index of Perjury Judgments is here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 340 read with CrPC 195 MS Gokaldas Paper Products Vs MS Lilliput Kidswear Ltd Anr Perjury - Forged Evidence or False Statements on Oath or False Affidavit Submitted Perjury - Initiate Prosecution Perjury Under Section 340 CrPC | Leave a comment

Himanshu Kumar and Ors Vs State of Chhattisgarh and Ors on 14 Jul 2022

Posted on October 18, 2025 by ShadesOfKnife

A division bench of the Supreme Court held as follows,

From Para 79,

79. It is true that an affidavit is ‘evidence’ within the meaning of Section 191 of the IPC and a person swearing to a false affidavit is guilty of perjury. But the matter does not rest here. Before initiating the proceedings for perjury, the court concerned has to consider whether it would be expedient in the interest of justice to sanction such prosecution. What the courts have to see at this stage is whether there is evidence in support of the allegations made by the Union of India (respondent herein) to justify the initiation of proceedings against the writ petitioners, more particularly, the writ petitioner no. 1 herein who had filed the affidavit on behalf of himself and the other writ petitioners and not whether the evidence is sufficient to warrant his conviction. However, this does not mean that the court should not prima facie be of the opinion that there are sufficient and reasonable grounds for setting the machinery of criminal law in motion against the accused. As noted above, the Court has further to see that the false statement was deliberate and conscious and the conviction is reasonably probable or likely. In other words, before sanctioning the prosecution there must be a prima facie case of a falsehood on a matter of substance and the court should be satisfied that there is reasonable foundation for the charge. (see S.P. Kohli v. High Court of Punjab & Haryana, (1979) 1 SCC 212 : AIR 1978 SC 1753)

From Paras 86 and 87,

86. The conflict between the two decisions of this Court of equal strength, i.e. Pritish (supra) and Sharad Pawar (supra), was taken notice of by this Court in the case of the State of Punjab v. Jasbir Singh, (2020) 12 SCC 96. A Bench of two Judges of this Court ultimately thought fit to refer the question to a Larger Bench. The Court observed as under :
“14. In any event, given that the decision of the three-Judge Bench in Sharad Pawar (supra) did not assign any reason as to why it was departing from the opinion expressed by a Coordinate Bench in Pritish (supra) regarding the necessity of a preliminary inquiry under Section 340 of the CrPC, as also the observations made by a Constitution Bench of this Court in Iqbal Singh Marwah (supra), we find it necessary that the present matter be placed before a larger Bench for its consideration, particularly to answer the following questions:
14.1 (i) Whether Section 340 of the Code of Criminal Procedure, 1973 mandates a preliminary inquiry and an opportunity of hearing to the would-be accused before a complaint is made under Section 195 of the Code by a Court ?
14.2 (ii) What is the scope and ambit of such preliminary inquiry ?”
87. It appears that the reference on the aforesaid two questions to a larger Bench is still pending.

From Paras 90 and 91,

90. The essential ingredients for invoking Section 211, I.P.C. are that the complaint must have falsely charged a person with having committed an offence. The complainant, at the time of giving the complaint must have known that there is no just or lawful ground for making a charge against the person. This complaint must have been given with an intention to cause injury to a person.
91. The CrPC does not define what constitutes the making of a “charge” of an offence or what amounts to the “institution of criminal proceedings”. But, in our opinion, a false “charge” in this Section must not be understood in any restricted or technical sense, but in its ordinary meaning, of a false accusation made to any authority bound by law to investigate it or to take any steps in regard to it, such as giving information of it to the superior authorities with a view to investigation or other proceedings, and the institution of criminal proceedings includes the setting of the criminal law in motion. The nature of both expressions, and the difference between them has been explained in lucid terms in the decision of the Full Bench of the Calcutta High Court in the case of Karim Buksh v. Queen Emp, 17 C. 574. It points out that there may be a charge which does not amount to the institution of criminal proceedings “and there may be criminal proceedings which do not necessarily involve a charge” of any offence. As an illustration of the former it points out that a charge made to the Judge of a Civil Court or to public officers of other kinds, in order to obtain sanction to prosecute may well be a charge “but is not the institution of criminal proceedings”. It further points out that an aggrieved person may seek to put the criminal law in motion either by making a charge or in the language of the Code giving information to the Police (Section 154 CrPC) “or he may” lay a charge, or as the Code calls it, a complaint (Section 190 CrPC) before a Magistrate”.

From Para 94,

94. Thus, as explained by this Court in Santokh Singh v. Izhar Hussain (supra), the essential ingredient of an offence under Section 211 IPC is to institute or cause, to be instituted any criminal proceeding against a person with intent to cause him injury or with similar intent to falsely charge any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge. Instituting or causing to institute false criminal proceedings assume false charge but false charge may be preferred even when no criminal proceedings result. Now, the expression “falsely charges” in this section, in our opinion, cannot mean giving false evidence as a prosecution witness against an accused person during the course of a criminal trial. “To falsely charge” must refer to the original or initial accusation putting or seeking to put in motion the machinery of criminal investigation and not when seeking to prove the false charge by making deposition in support of the charge framed in that trial. The words “falsely charges” have to be, read along with the expression “institution of criminal proceeding”. Both these expressions, being susceptible of analogous meaning should be understood to have been used in their cognate sense. They get as it were their colour and content from each other. They seem to have been used in a technical sense as commonly understood in our criminal law. The false charge must, therefore, be made initially to a person in authority or to someone who is in a position to get the offender punished by appropriate proceedings. In other words, it must be’ embodied either in a complaint or in a report of a cognizable offence to the police officer or to an officer having authority over the person against whom the allegations are made. The statement in order to constitute the “charges” should be made with the intention and object of setting criminal law in motion.

Himanshu Kumar and Ors Vs State of Chhattisgarh and Ors on 14 Jul 2022

Citations:

Other Sources:

https://www.casemine.com/judgement/in/62d7ae969fca1923f0b04184

https://www.indianemployees.com/judgments/details/himanshu-kumar-and-others-versus-state-of-chhattisgarh-and-others


Index of Perjury Judgment is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 340 read with CrPC 195 Himanshu Kumar and Ors Vs State of Chhattisgarh and Ors IPC 211 - False charge of offence made with intent to injure Legal Procedure Explained - Interpretation of Statutes Perjury Under Section 340 CrPC Reportable Judgement or Order | Leave a comment

State of AP Vs Matham Vijaya Rao and Anr on 07 Jul 2025

Posted on July 14, 2025 by ShadesOfKnife

A good judgment from this Magistrate, with legally-valid reasons and conclusions… and also directing perjury proceedings to be initiated…

From Para 26,

26. The first and foremost contention of the accused and their counsel is that FIR No: 488/2017 is barred by limitation, as such the court shall dismiss the proceedings and as per exhibit P1, the alleged last act of cruelty has taken place on 18.09.2012, so the limitation period was expired on 17.09.2015, but the report was given on 03.08.2017, therefore the proceedings are time barred u/s 468 Cr.P.C. while section 473 Cr.P.C provides an exception to bar of limitation, but its application is not automatic and there must be an explanation by the prosecution for such inordinate delay. Since the case is barred by limitation, the court is required to dismiss the proceedings. In support of his contention, he relied on the following judgments:
A. Kamlesh Kalra v. Shilpa Kalra & Ors. Reported in 2020 0 Supreme (SC) 605 wherein it was held that “ As regards, the finding recorded by the High Court in respect of complaint/FIR filed under Section 498A IPC, we are of the firm opinion that the same does not call for interference. In the facts of this case, it is clear that the FIR filed in this regard in 2015 was time barred, having been filed much more than three years after the separation of Manish Kalra(husband) and Shilpika Kalra (wife) and the filing of the divorce petition by the husband, both in 2009. In the facts of the case, the reasons given by the High Court for quashing the proceedings under section 498A IPC are justified and do not call for interference by this Court”.
B. Gudipati Mallikarjun Rao v. Gudiapati Saranya 2023 0 Supreme (A.P) 582 wherein it was held that “ In the circumstances, it would have to be held that the complainant, filed by the defacto complainant, is beyond the period prescribed under Section 468 of Cr.P.C”.
C. Arun Vyas & Anr. V. Anitha Vyas 1999 0 Crl LJ 3479 wherein it was held that “ the court cannot take cognizance of an offence under Section 498-A of IPC, if the FIR is time barred, unless the delay is properly explained and condoned under Section 473 of the CrPC”.
D. Korimerla Videesha Vs. State of A.P. wherein it was held that “ According to Rule 10 of the A.P. Dowry Prohibition Rules, any offence under Section 3 and 4 or any dispute under Section 6 of the Act shall be filed before expiry of one year and finalized within two years from the date of filing”.

From Para 28,

28. In the case on hand the alleged demand for additional dowry was finally made on 18.9.2012 and that is the last date of alleged harassment. Even if the evidence of P.W.1 that the matter is place before the elders in 2013 has taken into consideration, the report is given after 4 years of said incident. But the report was given on 03.08.2017 i.e after 4 years of alleged harassment. So it can be safely conclude that the report is barred by limitation and the court has no power to take cognizance.

From Paras 36-37,

36. He further submitted that the conduct of P.W.1 amounts to perjury and warrants initiation of appropriate proceedings u/s 340 Cr.P.C in order to uphold the rule of law and protect sanctity of justice delivery system. On perusal of the record it appears that after filing the petition under section 340 Cr.P.C., my learned predecessor in the office returned the petition with some objections and the said petition is represented. But the said petition is again returned with endorsement previous objections not complied with and at present the said petition is not pending before the court. Here it is pertinent to mention that after assuming charge of this court, the said petition did not come before me and I have not given any assurance to the
counsel for the accused as mentioned in his written arguments.
37. During the cross examination P.W.1 denied that she completed her B.Tech in the year 2012. As per the evidence of D.W.1, Professor and controller of examination, JNTU Kakinada, P.W.1 completed her engineering graduation in April 2012 and on 16.10.2012 the student collected her provisional certificate from the college and as per the college rules, they cannot produce the provisional certificate of the student unless it is applied by the student. The evidence of D.W.1 clinchingly proves that P.W.1 completed her B.tech in April 2012 from JNTU. The evidence on record shows she intentionally denied that she completed her B.tech in 2012 and she has given false evidence on oath. Hence, she is certainly liable for punishment for giving false evidence. Hence, the Superintendent of this court is directed to give report before 3rd Add. Chief Judicial Magistrate Court against P.W.1 for giving false evidence.

From Paras 39, 41 and 42,

39. Learned counsel for the accused further contended that despite clear admissions of P.W.1 about unregistered land sale deeds dated 31.05.2010, 27.06.2011, this court refused to mark the said photocopies solely on the ground that they were not originals and this refusal is patently erroneous and it is settled law u/s 65 (c) of Indian Evidence Act, the secondary evidence is admissible where the original is lost or not in the possession of the party and a proper foundation is laid.
41. To mark the photocopies of documents, the party who intends to mark shall explain where is the original and as to why he is marking the photocopies of the documents. If the document is with the other party, first he has to give notice to the other party and even after receiving notice the other party fails to produce the document, then he can mark the photocopy. If he lost the original then also he is entitled to mark the photocopy, but in the case on hand there is no material on record to show that the accused or prosecution has given notice to other party to produce the documents and that the originals were lost. Without complying the conditions of section 65 of Indian Evidence Act, blaming this Court that the decision of the court is erroneous is not acceptable.
42. Learned counsel for the accused mentioned in his written arguments that the non production of the original unregistered sale deeds was reasonably explained during cross examination and it was put to P.W.1 that since accused no longer had access to the original land sale deeds dated. 31.05.2010 and 27.06.2011 since the property was transferred to Ch. Appala Raju and the denial of suggestion does not itself negate the reasonable explanation offered by the accused. On perusal of entire cross examination of P.W.1 it appears no such suggestion was given to P.W.1. As such the
contention of counsel for accused that they have given reasonable explanation for not filing the originals is not at all acceptable.

State of AP Vs Matham Vijaya Rao and Anr on 07 Jul 2025

Index of perjury judgments is here.

Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged 1-Judge Bench Decision Cases where Perjury Proceedings were initated Catena of Landmark Judgments Referred/Cited to Counterblast case CrPC 340 read with CrPC 195 Delay or Unexplained Delay In Filing Complaint Evidence Act Sec 65 - Cases in which secondary evidence relating to documents may be given Marking of Photocopies of Documents as Secondary Evidence Perjury - Initiate Prosecution Perjury Under Section 340 CrPC State of AP Vs Matham Vijaya Rao and Anr | Leave a comment

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