Ms New Era Fabrics Ltd Vs Bhanumati Keshrichand Jhaveri and Ors on 03 Mar 2020

Supreme Court , based on Madras HC Advocates Association decision here, initiated Perjury proceedings.

5.3 We do not wish to comment in detail upon the intention behind making the aforesaid interpolations. At this juncture, all that is required to be assessed is whether a prima facie case is made out that there is a reasonable likelihood that the offence specified in Section 340 read with Section 195(1)(b) of the CrPC has been committed, and it is expedient in the interest of justice to take action. From the above discussion, it is evident that the handwritten modification made by the Petitioner in Column 12 of the balance sheet dated 19.09.2008 is a significant alteration from the terms as used in the original document. Hence we find that a prima facie case is made out that the Petitioner has fabricated evidence for the purpose of the SLP proceedings before this Court.
We further find that prima facie case is also made out against Mr. R.K. Agarwal, for having sworn in his affidavit before this Court as to the veracity of the facts stated and documents filed in SLP (Civil) No. 3309/2018, even though he had relied upon the original auditor’s report, which did not contain any handwritten interpolation, in his evidence before the Trial Court.

Dr.Praveen R Vs Dr.Arpitha K.S on 31 Aug 2021

Posted on June 26 by ShadesOfKnife

Single bench of Karnataka High Court nailed the perjuror, A medical doctor.

From point c of Para 4,

c) The vehement contention of Mr. Jhadhav, learned Sr. Adv. that a Police investigation is launched against the petitioner-husband for producing copies of IT Returns and other documents of the respondent and therefore, till after its completion, no action for the commission of alleged perjury can be initiated, is bit difficult to countenance, more particularly, when the authenticity of these documents is not disputed even before this Court; in fact the Court below too has recorded a specific finding to this effect; the said Police investigation has nothing to do with perjury allegedly committed by the respondent; act of perjury is treated as a heinous offence in all civilized societies; consideration of complaints with regard to the same cannot be deferred or delayed; otherwise there is all possibility of the fountain of justice being polluted.
e) Lastly, heavy reliance placed by Mr. Jhadhav on the decision of Apex Court in V.K.Gupta’s case supra, does not much come to his rescue; there are some observations in the said ruling that recognize greater degree of discretion with the Courts in deciding application of the kind, is true; however, that cannot be construed as a discretion of the Moguls; the sages of law like Lord Halsbury have said that discretion means according to rules of reason & justice; the reason assigned by the Court below for holding petitioner’s subject application to be premature, is unsustainable to say the least; the view of the learned trial Judge that petitioner can move similar application subsequently offends sense of justice; applications of the kind need to be considered on merits at the earliest point of time so that a loud message goes to the unscrupulous section of the litigant public as to what would befall the perjuring parties.

Dr.Praveen R Vs Dr.Arpitha K.S on 31 Aug 2021

Citations :

Other Sources :

https://www.legitquest.com/case/dr-praveen-r-v-dr-arpitha/1FC5DB

Kar HC | “Act of perjury is treated as a heinous offence in all civilized societies”; Delay in consideration of such complaints can pollute the fountain of justice

https://www.livelaw.in/news-updates/karnataka-hc-perjury-complaints-not-to-be-deferred-wifes-false-maintenance-claim-181709

Kamla Sharma and Ors Vs Sukhdevlal and Ors on 18 Apr 2022

Posted on May 3 by ShadesOfKnife

A single judge bench of Madhya Pradesh High Court at Gwalior held that, a false Statement which doesn’t affect the outcome of case can’t invoke 340 CrPC proceedings.

Kamla Sharma and Ors Vs Sukhdevlal and Ors on 18 Apr 2022

Citations :

Other Sources :

State of Maharashtra Vs Azad Ramji Mishra on 22 Dec 2016

Posted on March 18, 2021 by ShadesOfKnife

State of Maharashtra Vs Azad Ramji Mishra on 22 Dec 2016

S.Mukanchand Bothra Vs Rajiv Gandhi Memorial Educational Charitable Trust Chennai and Ors on 22 December, 2015

Posted on February 28, 2021 by ShadesOfKnife

Distinguishing the law laid down by Apex Court in Perumal Vs Janaki, Single Judge bench of Madras High Court held that, Investigating officers can not be made liable for perjury (filing false affidavits) in cases where accused was acquitted after trial.

S.Mukanchand Bothra Vs Rajiv Gandhi Memorial Educational Charitable Trust Chennai and Ors on 22 Dec 2015

Citations : [2015 SCC ONLINE MAD 11421]

Other Sources :

https://indiankanoon.org/doc/139009470/

https://www.casemine.com/judgement/in/5728e0c8e561092708a3b8c4

https://www.legitquest.com/case/s-mukanchand-bothra-v-rajiv-gandhi-memorial-educational-charitable-trust-chennai-others/973BF

Santokh Singh Vs Izhar Hussain and Anr on 25 Apr 1973

Posted on February 28, 2021 by ShadesOfKnife

A 2-judge bench held that Police can not be saddled with IPC 211 and prosecuted u/s 340 CrPC read with 195 CrPC.

From Para 8,

8. In this Court, Shri Gupta has very forcefully contended that on the material on the record this direction is wholly unjustified, if not positively illegal, being based on misreading of evidence and on erroneous view of law. According to the submission, the appellant had neither lodged the FIR nor otherwise instituted any criminal proceeding or falsely charged Izhar Hussain within the contemplation of Section 211 IPC. Besides, there is absolutely no material on the record on which the High Court could have formed an opinion that it is expedient in the interest of justice that a complaint under Section 211 IPC should be filed against the appellant.

From Para 10,

… The short question posed, therefore, is, if by giving false evidence as a witness against Izhar Hussain the appellant can be said to have charged him within the contemplation of Section 211 IPC. If this question is answered in the affirmative, then it will have to be determined whether there is in fact a false accusation and finally whether it is expedient in the interest of justice on the facts and circumstances of the present case to direct a complaint to be filed under Section 211 IPC. This section as its marginal note indicates renders punishable false charge of offence with intent to injure. 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. It is frankly conceded by Shri Kohli that the appellant cannot be said to have instituted any criminal proceeding against any person. So that part of Section 211 IPC is eliminated. 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 speaking 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 an officer having authority over the person against whom the allegations are made. The statement in order to constitute the “charge” should be made with the intention and object of setting criminal law in motion. Statement on oath falsely supporting the prosecution case against an accused person more appropriately amounts to an offence under Sections 193 and 195 IPC and not under Section 211 IPC. We do not think that the offences contemplated by Sections 193/195 IPC on the one hand and Section 211 IPC on the other were intended by the legislature in this context, to overlap so as to make it optional whether to proceed under one or the other. ..…

Santokh Singh Vs Izhar Hussain and Anr on 25 Apr 1973

Citations : [1973 AIR SC 2190], [1974 BLJR 22 877], [1973 SCC 2 406], [1974 SCR 1 78], [1973 CAR 316], [1973 CRLR SC 473], [1973 SCC CR 828], [1973 SCC CRI 828], [1973 CRLJ SC 1176]

Other Sources :

https://www.casemine.com/judgement/in/5609ab94e4b014971140cd11

A.Radhika Vs Wilson Sundararaj on 26 Feb 2021

Posted on February 28, 2021 by ShadesOfKnife

Citing landmark judgments, Madras High Court held that Investigating Officer cannot made liable u/s 211 IPC and based on another decision by Madras High Court here said such officers may be proceeded u/s 218 IPC which does not come under the procedure of 340 CrPC r/w 195 CrPC.

From Para 21,

21. The above judgements set out the procedure while dealing with an application under Section 340, Cr.P.C. Firstly, in order to initiate proceedings under Section 340,Cr.P.C., an application has to be made to the Court upon which the Court can initiate an inquiry into any offence referred to in Section 195(1)(b), in respect of a document produced or given in evidence in a proceeding in that Court. Secondly, offences as set out in the complaint have to be made out. In the present case, the complainant alleges that an offence under Section 211, I.P.C. has been made out.

From Para 22,

22. In the present case, based on the complaint given by one Mr. Rajamani, the FIR was registered by the F-2 Police Station, Egmore and the arrest was also carried out by the said police. The Petitioner came into the scene only at a later point of time when the case was transferred to the file of the CBCID. The language used under Section 211, I.P.C. regarding false charge can only relate to the original or initial accusation through which the criminal law was set in motion. Admittedly, it was not the Petitioner who had set the criminal law in motion. That apart, as held in Iqbal Singh Marwah’s Case (cited supra) the offences referred to under Section 195(1)(b), Cr.P.C. will get attracted only with respect to a document after it has been produced or given in evidence in a proceeding in any court i.e. during the time when the document was in custodia legis.

And finally from paras 24 and 25,

24. This Court after considering the judgement of the Hon’ble Supreme Court in Perumal v. Janaki (cited supra) has come up with this fine distinction in the case of S.Mukanchand Bothra (cited supra). That apart, the facts of the present case is clearly distinguishable from the facts of the case dealt with by the Hon’ble Supreme Court in Perumal v. Janaki.
25. In view of the above discussion, this Court holds that the offence under Section 211, I.P.C. has not been made out against the Petitioner. The Respondent cannot pick and choose certain observations made by the trial court and this Court, and make it a basis for filing an application under Section 340, Cr.P.C. to punish the Petitioner under Section 211, I.P.C.

Silver lining from para 26,

26. A careful reading of the petition filed by the Respondent at the best makes out a case for malicious prosecution. In a case of malicious prosecution, which gives rise to a tortious liability, only a suit for damages can be filed by establishing the ingredients to maintain such a suit. The grounds for maintaining a suit for malicious prosecution cannot form the basis for filing a petition under Section 340, Cr.P.C. since it has to independently satisfy the requirements of Section 195(1)(b), Cr.P.C.

A.Radhika Vs Wilson Sundararaj on 26 Feb 2021

Citations :

Other Sources :

CrPC 164 – Recording of confessions and statements

Posted on January 11, 2021 by ShadesOfKnife

(1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial:
Provided that any confession or statement made under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of an offence:
Provided further that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.
(2) The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily.
(3) If at any time before the confession is recorded, the person appearing before the Magistrate states that he is not willing to make the confession, the Magistrate shall not authorise the detention of such person in police custody.
(4) Any such confession shall be recorded in the manner provided in section 281 for recording the examination of an accused person and shall be signed by the person making the confession; and the Magistrate shall make a memorandum at the foot of such record to the following effect:—
“I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him.
(Signed) A. B.
Magistrate.”
(5) Any statement (other than a confession) made under sub-section (1) shall be recorded in such manner hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrate shall have power to administer oath to the person whose statement is so recorded.
(5A) (a) In cases punishable under section 354, section 354A, section 354B, section 354C, section 354D, subsection (1) or sub-section (2) of section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB, section 376E or section 509 of the Indian Penal Code (45 of 1860), the Judicial Magistrate shall record the statement of the person against whom such offence has been committed in the manner prescribed in sub-section (5), as soon as the commission of the offence is brought to the notice of the police:
Provided that if the person making the statement is temporarily or permanently mentally or physically disabled, the Magistrate shall take the assistance of an interpreter or a special educator in recording the statement:
Provided further that if the person making the statement is temporarily or permanently mentally or physically disabled, the statement made by the person, with the assistance of an interpreter or a special educator, shall be videographed.
(b) A statement recorded under clause (a) of a person, who is temporarily or permanently mentally or physically disabled, shall be considered a statement in lieu of examination-in-chief, as specified in section 137 of the Indian Evidence Act, 1872 (1 of 1872) such that the maker of the statement can be cross-examined on such statement, without the need for recording the same at the time of trial.
(6) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be inquired into or tried.

Manish Vs State of Maharashtra and Ors on 24 Dec 2020

Posted on December 30, 2020 by ShadesOfKnife

A JMFC has ordered for complaint of perjury in this Judgment. Nice one…

From Para 10, 11 and 12,

10. I have accepted B summary report filed by I.O., in Crime No., 08/2020 registered at Wai police station. On that basis, in present inquiry, I come to the conclusion that informant of said crime has given false FIR at Wai police station as well false statement on oath under Section 164 of the Criminal Procedure Code in Court of Justice. Therefore, it appears to me that the informant being legally bound by an oath or by an express provision of law to state the truth, but she has given false FIR as well as false statement under Section 164 of Code of Criminal Procedure in the Court. The informant has given statement on oath under Section 164 of Code of Criminal Procedure in the Court of Judicial Magistrate First Class, Wai, inspite of knowledge that the FIR lodged by her is false. Informant has lodged false FIR with intent to cause injury to the present applicant and to Bhisham Parwani, knowing that no just or lawful ground for further proceeding on the basis of that false FIR.
11. Therefore, I record my finding that Criminal Prosecution is required to be initiated against the respondent No. 2 of this application who is informant of Crime No. 08/2020 registered at Wai police station for the offences punishable under Section 193, 194, 199, 200 and 211 of the Indian Penal Code as per Section 195(1)(b)(i) of the Code of Criminal Procedure. She has prima facie committed aforesaid offences in relation to B summary proceeding before this Court. It is necessary to make mention here that there is no cogent and convincing material to proceed against respondents No. 3 to 6 for the offences mentioned above.
12. Considering all above grounds, a complaint is required to be filed against the present respondent No. 2 for the offences punishable under Section 193, 194, 199, 200 and 211 of the Indian Penal Code as per Section 195(1)(b)(i) of the Code of Criminal Procedure. As per Section 195(1)(b)(i) of Code of Criminal Procedure, it is required to authorise officer of this Court to file a written complaint on behalf of this Court against respondent No. 2 in this Court.

Manish Vs State of Maharashtra and Ors on 24 Dec 2020

Earlier proceedings here.

State Of Goa Vs Jose Maria Albert Vales @ Robert Vales on 18 Aug 2017

Posted on November 13, 2020 by ShadesOfKnife

2-Judge bench held that without prima facie opinion in a complaint made otherwise than a police complaint, invoking of perjury u/s 340 CrPC or 341 CrPC is indefensible.

From Para 58,

58. We are thus of the firm opinion that a Trial Magistrate, on receipt of a complaint under Section 340 and/or Section 341 of the Code, if there is a preliminary inquiry and adequate materials in support of the considerations impelling action under the above provisions are available, would be required to treat such complaint to constitute a case, as if instituted on police report and proceed in accordance with law. However, in absence of any preliminary inquiry or adequate materials, it would be open for the Trial Magistrate, if he genuinely feels it necessary, in the interest of justice and to avoid unmerited prosecution to embark on a summary inquiry to collect further materials and then decide the future course of action as per law. In both the eventualities, the Trial Magistrate has to be cautious, circumspect, rational, objective and further informed with the overwhelming caveat that the offence alleged is one affecting the administration of justice, requiring a responsible, uncompromising and committed approach to the issue referred to him for inquiry and trial, as the case may be. In no case, however, in the teeth of Section 343(1), the procedure prescribed for cases instituted otherwise than on police report would either be relevant or applicable qua the complaints under Section 340 and/or 341 of the Cr.P.C.

And from Final Para,

60. In view of the determination as above, the approach of the High Court is wholly indefensible, as in the face of Section 343(1) of the Cr.P.C., the procedure prescribed for cases instituted otherwise than on police report is not attracted qua a complaint under Section 340 and/or Section 341 of the Code. Even assuming that the Trial Magistrate had examined few witnesses in support of the complaint, it was in the form of a summary inquiry, to be satisfied as to whether the materials on record would justify the framing of charge against the respondent or not and nothing further. Any other view would fly in the face of the ordainment of Section 343(1) of the Cr.P.C. and thus cannot receive judicial imprimatur. The impugned judgment of the High Court in quashing the charge framed by the Trial Magistrate and remanding the case to him to follow the procedure outlined for cases, instituted otherwise than on police report, under Chapter XIX-B is on the face of it unsustainable in law and on facts. It is thus set aside. The appeals are allowed. The Trial Magistrate would proceed from the stage of framing of charge, strictly in compliance of the letter and spirit of the precept contained in Section 343(1) of the Code. We make it clear that we have not offered any observation on the merits of the charge and the Trial Court would further the proceedings in accordance with law.

State Of Goa Vs Jose Maria Albert Vales @ Robert Vales on 18 Aug 2017

Citations : [2017 SCC ONLINE SC 1021], [2017 ALLCC 101 330], [2017 CCR SC 4 28], [2017 JCC 4 2245], [2017 RCR CRIMINAL 3 981], [2017 SCALE 9 527], [2017 SCC ONLINE SC 1021]

Other Sources :

https://indiankanoon.org/doc/194410529/

https://www.casemine.com/judgement/in/5a65cbaf4a93263320778706

Index of Perjury Case laws is here.

Shades of Knife

True Colors of a Vile Wife

Tag: Perjury Under 340 CrPC

Ms New Era Fabrics Ltd Vs Bhanumati Keshrichand Jhaveri and Ors on 03 Mar 2020

Dr.Praveen R Vs Dr.Arpitha K.S on 31 Aug 2021

Kamla Sharma and Ors Vs Sukhdevlal and Ors on 18 Apr 2022

State of Maharashtra Vs Azad Ramji Mishra on 22 Dec 2016

S.Mukanchand Bothra Vs Rajiv Gandhi Memorial Educational Charitable Trust Chennai and Ors on 22 December, 2015

Santokh Singh Vs Izhar Hussain and Anr on 25 Apr 1973

A.Radhika Vs Wilson Sundararaj on 26 Feb 2021

CrPC 164 – Recording of confessions and statements

Manish Vs State of Maharashtra and Ors on 24 Dec 2020

State Of Goa Vs Jose Maria Albert Vales @ Robert Vales on 18 Aug 2017