Wednesday, 10 June 2015

PERJURY

PERJURY -- In simple words a man/women lied (he must know he/she is lying) after taking oath or when testifying in court through legal/affidavit document. Important point to be remember is the lie should be of the nature which can affect justice. In short there are three points which can attract perjury :

  • The statement should be when witness is bound by oath.
  • Witness must know that he/she is lying.
  • The lie should be of the nature that it can affect justice.


Examples :
 
  • Lie about marriage ... 
  • Income of any spouse 
  • List of articles given during marriage 
  • False witness about the presence of at certain place, date and time.
  • Lie about employment. Specially in CrPC 125.
  • Date and Time of some Incident.
  • Date and Time about Last Stay together.
  • Two contradictory statements

    Important in every lie can't attract perjury, specially those lies which can't affect the justice. For example :--
 
  • I am 40 year old but actually I am 42 year old. Now this can't attract perjury (it can where the age matter like juvenile crimes).
  • I have 3 yr experience in C++, JAVA ... but actually I have 5 yr experience
  • I Drink Wine regularly .... but actually I drink occasionally.


HOW TO FILE PERJURY --

BAR of CrPC 195 ::  In CrPC 195 any private complaint dealing with offences under section 192, 193 ... 196, 199, 200, 2005, 206 ... 211. When such offenses have been committed complain can be moved to the same court or higher court.


CrPC 340 and CrPC 341 :: Court can suo-motto if court/magistrate fee it is miscarriage of justice or court can take action on an application.


NOTE :: COURT IS NOT BOUND TO TAKE ACTION.


NOTE :: Punished can be upto seven years or upto 10 year if perjury was committed to bring the accused to imprisonment of life or death penalty.






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Gursharn Singh
DAMAN WELFARE SOCIETY
www.daman4men.in