Right Time For Perjury

For a person's statement on oath, testimony, and/or in sworn affidavit is regarded as truth (unless
the contrary is established), are vital evidence on which judicial decisions are made. The high
rate of acquittals in India in criminal cases are mainly due to witnesses turning hostile.
The Indian Penal Code (IPC) under Section 191 defines perjury as "giving false evidence" and
by interpretation it includes the statements retracted later as the person is presumed to have
given a "false statement" earlier or later, when the statement is retracted. Under section 191 of
IPC, an affidavit is evidence and a person swearing to a false affidavit is guilty of perjury
punishable under Section 193 IPC which prescribes the period of punishment as seven years
imprisonment.
However, action against making a false statement should be initiated during the trial itself, and not
at the end of it which may take a long time. That may be a deterrent against persons who
intentionally mislead the court or make false statements under oath or file tainted affidavits much
against the public good. This is one of the reasons --- initiating action against a person for perjury
after the trial is over... that's why in India several perjury cases go totally unnoticed as a fresh trial
begins on perjury running into years.
Important things about Prosecution witness stmts considered by Judge regarding Perjury
or Trails:
1) Under Indian Evidence Act - Any stmts made by prosecution witness in Court by means of
either filing affidavits, or under Oath stating that they do not recollect incidents or say that they
made allegations under some influence or pressure, or say that their facts are misunderstood by
Police while investigating allegations mentioned in FIR or in their Cr.P.C 161 stmts ...and police
had filed charge sheet in Court then it is called Hostile Witness in Court proceedings ...for which
there is no punishment to Prosecution Witness though, they have reversed their earlier stmts
made to Police in front of Judge during trail...example Best Bakery and Jessica Lall cases
2) However, If the prosecution witness makes a stmt in Court by means of either filing affidavits,
or under Oath and willingly misguides the court by distorting facts of the case then it attracts
perjury and punishment is awarded to entire Prosecution Witnesses.
Perjury encompasses statement, material and/or any other form of evidence. The use of false
material and inconsistent declarations also fall under the category of "Perjury". For instance, in
the Jessica Lall case, it has to be seen whether the "sudden" invention of "two weapons" having
been used constituted false material. In Zaheera Sheikh's case it is her inconsistent declarations
and retractions.
To be noted: Stmts once made by either Prosecution or Defence under Oath or by affidavits in
Courts cannot be retracted. However they can be changed and this is classified as
Inconsistency of Stmts...any inconsistent stmts regarding an incident is nullified by Judge and
the benefit of doubt is given to Opp. party since 1) Party who made these stmts could not
directly prove that incident 2) Party has changed its stmts multiple times thereby bringing element
of doubt and these inconsistent stmts cannot be relied by Court to ascertain the occurrence of
that incident.
Best time to file Perjury : After Prosecution has given stmts and her cross is complete and also
her evidence is filed, if any.
Do not bother about the outcome of your Perjury Petition...just file it and allow the Judge to take a
decision on your petition. Normally once Perjury Petition is filed it slows down the proceedings
since 1) Judge needs to think whether to allow to allow ur Perjury petition or dismiss it 2) Give
Opp party ample time to respond on your Perjury Petition.
If the Judge dismisses your perjury Petition then he will mention reasons and relevant Cr.P.C
sections under which he had dismissed ur application. This is written on the Docket that
accompanies your Perjury Application. Once you know reason about your dismissed
application, just improve on your Perjury application rectifying mistakes highlighted by Judge and
make an appeal in next higher court or in the same court.
If your Petition is dismissed try again and again and insist courts suo motu
cognisance of your case. This way you can put pressure on Judge to accept your perjury
application.
To tend, unfailingly, unflinchingly, towards a goal, is the secret of success

Never stop because you are afraid - you are never so likely to be wrong.
It happened to me also, twice my Petitions were dismissed but I improved every time and that's
how I learnt my mistakes. I did not file Perjury but it happened to me while filing Cr.P.C 91 and
asking court for re-investigation where I asked certain RTI docs which were rejected to me by
Suptd. of Poilce - Police under RTI 8(h)
Ensure that you make 3 copies of your Petitions, since 1 copy will be on court record, 1 copy
needs to be given to APP (Public Prosecutor) and 1 copy remains with you.
Do not bother about outcomes, just file and create opinions to Judge that you are innocent and
show that you are willing to fight for Justice howver difficult or time it might take..same time it
creates fear in Opp party and probably they rush to you for compromise.
Also, I think since your case is 2 years + old ...you shld file a Writ Petition seeking directions
from Higher Court instructing the Lower where you case is running to Expedite your case
and close all proceedings in 6 months time frame...this is possible..time bound trails
instructions can come from High Court..try this route to quickly close your case.

Right Time For Perjury

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For a person's statement on oath, testimony, and/or in sworn affidavit is regarded as truth (unless

To tend, unfailingly, unflinchingly, towards a goal, is the secret of success

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