Question

If someone lies before the Court on affidavit, how it can be tackled by the Advocate/s?

If someone lies before the Court on affidavit, how it can be tackled by the Advocate/s?

.

Option A: Perjury Application can be filed
Option B: Withdraw from the case
Option C: File application to support that
Option D: Pay the fine for the same

Correct Answer

Option: a

Explanation

Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding The Indian Penal Code, 1860 defines Perjury in Chapter IX “OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE” under Section 191. The procedure in dealing with cases mentioned u/s 191 of Indian Penal Code, 1860 are dealt in Chapter XXVI of the Code of Criminal Procedure, 1973 under Section 340 which provides that 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 195, 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, it 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. The punishment for the offence of Perjury is defined under Section 193 of Indian Penal Code, 1860 as seven years of imprisonment.

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THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 17 Q. NO. 641 TO 680)