Nature of grievance

Perjury proceedings are legal action against those persons who have knowingly made false statements or have led false evidence in the Court proceedings, like Knowingly giving of false evidence by making false statement on oath; Fabricating / creating false evidence, by making a document containing a false statement, or, by making false entry in any book or record, or, by creating fake circumstances; Knowingly using a false evidence, as genuine evidence; Knowingly issuing or signing a false certificate which may be used in evidence; Knowingly using a false certificate, as true certificate; Voluntarily making of a false statement in a declaration as to the point material to the object of such declaration to a Court or to any public Servant: Knowingly using a declaration containing a false statement, as true declaration; Causing disappearance of evidence of offence, or giving false information to shield / protect offender; Altering / tempering of documents which are there in the custody of the Court.

There are several offences being defined under IPC which are called as act of perjury. Depending upon the nature of acts and omissions attributed and alleged against the person, the applicable section may be invoked against him.


Sr. No.
Offence
1IPC Section 191 Knowingly giving of false evidence by making false statement on oath:
2 IPC Section 192 Fabricating / creating false evidence, by making a document containing a false statement, or, by making false entry in any book or record, or, by creating fake circumstances
3 IPC Section 196 Knowingly using a false evidence, as genuine evidence;
4 IPC Section 197 Knowingly issuing or signing a false certificate which may be used in evidence;
5 IPC Section 198 Knowingly using a false certificate, as true certificate;
6 IPC Section 199 Voluntarily making of a false statement in a declaration as to the point material to the object of such declaration to a Court or to any public Servant:
7 IPC Section 200 Knowingly using a declaration containing a false statement, as true declaration;
8 IPC Section 201 Causing disappearance of evidence of offence, or giving false information to shield / protect offender;


If the person Accused is apparently not directly involved in the alleged offence, but has caused the occurrence of the offence by way of indirect participation in the crime or otherwise, the criminal liability may be fastened upon such persons on the basis of sharing the “common intention” as suggested and defined u/s 34 of IPC; or by way of “abetment” as suggested and defined u/ss 107 to 116 of IPC; or by way of “criminal conspiracy” as suggested and defined u/s 120A of IPC, 1860. Read further at links below.

http://thepracticeoflawjalan.blogspot.in/2012/04/offence-common-intention-criminal.html

http://thepracticeoflawjalan.blogspot.com/2013/01/abetment.html

http://thepracticeoflawjalan.blogspot.com/2012/04/offence-criminal-conspiracy.html

In such cases, criminal proceedings may be initiated against such persons by making an Application u/s 340 read with section 195 of CrPC 1973, before the concerned trial Court (civil or criminal), praying therein, for trial court to refer the above stated offences, to the competent Magistrates Court of jurisdiction, against those persons who have allegedly made false statements / false declarations in one’s pleadings or have allegedly filed false Affidavit or have allegedly knowingly given false evidence.