The opposite party lied on oath in my Thane case; can I file perjury charges?
IM Asked by Imran Sheikh from India
Quick Answer
You can move an application under Section 340 CrPC before the court where the false statement was made, requesting it to make a complaint to Bombay High Court or the appropriate Magistrate for an inquiry under Sections 191/193 IPC (perjury).
Detailed Legal Analysis
You can move an application under Section 340 CrPC before the court where the false statement was made, requesting it to make a complaint to Bombay High Court or the appropriate Magistrate for an inquiry under Sections 191/193 IPC (perjury). The court must form an opinion that a false statement was made and refer the matter for prosecution, as a perjury complaint cannot be filed directly by a private party.
The application should specify the contradictory statements, annex the evidence, and establish that the falsehood was material to the case. Maharashtra Rent Control Act 1999 does not alter the perjury framework, which is governed by the IPC and CrPC, but State procedure for such references applies.
The Supreme Court has stressed that perjury must be pursued to uphold the sanctity of oath. Perjury proceedings run independently and can lead to imprisonment up to seven years.
The court has discretion and may decline if the falsehood is trivial.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.