Drafting / Institution of Application u/s 340 r/w195 of CrPC, 1973

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. Offence
No.

1 IPC 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 ones pleadings or have allegedly
filed false Affidavit or have allegedly knowingly given false evidence.

What is a Litigation / Perjury proceedings:

1. The legal process in the Court of law is initiated by the presentation / institution of a Case, whether in the form
of a Suit, Petition, Application etc, in the competent court of jurisdiction.

2. Every litigation presupposes the accrual of cause of action, that is to say, reason for initiating legal action in
the Court of law.

3. Accrual of cause of action implies and presupposes infringement of litigants some statutory right / fundamental
right / equitable right / contractual right / or any other right recognized under the statutes or customs.

4. In order to commence a legal action, the person must have some real grievance, which is the foundation of any
legal action. For having right to move the court of law, the right sought to be enforced should have already
come into existence, and there should be an infringement of it, or at least a serious and imminent threat exist of
its infringement.

5. Perjury proceedings are legal action against those persons who have knowingly made false statements or have
led false evidence in the Court proceedings.

6. Ordinarily, in Criminal law, there are two ways by which the machinery of law is set into motion against any
person

1. By registering FIR (First Information Report) before Police u/s 154 or by making Application u/s 156(3) to the
Magistrate, thereby Magistrate directing the Police to register the FIR, investigate the offence and file Police
Report in a time bound manner;

2. By making a private complaint before the concerned Magistrates Court u/s 200.

7. Ordinarily, anyone may set in motion the criminal law, either in writing or orally, either by a complaint before the
Police or before the Magistrates court. However, owing to the character of certain offences under the Indian
Penal Code as affecting the Public, or particular persons only, the legislature, in its wisdom, has restricted this
 right in respect of certain offences, more particularly enumerated in section 195 of CrPC, 1973, and the
concerned Public servants or the concerned courts can only take cognizance of the offences therein
mentioned.

8. In such cases, criminal proceedings may be initiated against guilty person by making an Application u/s 340
read with section 195 of CrPC 1973, before the concerned trial Court, praying therein for trial court to refer the
said offences to the competent Magistrate Court of jurisdiction. Such Application may also be made before
concerned High Court under Article 227 of the Constitution of India.

9. The court making the complaint has to be satisfied that it appears that an offence under clause (b) of sub-
section (1) of section 195 of the code has been committed and that it is expedient in the interests of justice that
an Inquiry should be made into that offence.

10. As observed in a Madras High Court case this salutary rule is founded on common sense. The dignity and
prestige of Courts of law must be upheld by their presiding officers, and the courts would never leave it to the
parties aggrieved to adopt such proceedings to settle personal revenge. Ramaswamy versus P Mudaliar [1938]

11. Section 195 of CrPC, 1973, bars the cognizance of certain offences by Magistrates, like the contempt of lawful
authority of public servants, offences against public justice and offences relating to documents given in
evidence. These offences may be taken cognizance of, only on the complaint in writing of the public servant
concerned or of some other public servant to whom he is administratively subordinate; OR on the complaint in
writing of that Court or by such officer of the Court as that Court may authorize in writing in this behalf, or of
some other Court to which that Court is subordinate.

12. And, Section 340 of CrPC, 1973, provides a mechanism to initiate for offences under those sections set out in
Section 195 of CrpC, 1973.

13. Application under this Section 340 may be taken out in any Court, Civil, Criminal or Revenue Courts, or in a
Statutory Tribunal, which is declared as a Court by that Act to be a Court for the purposes of Section 195.
[Section 195(3)]

14. It is a criminal offence u/ss 181, 191, 196 and 199 of IPC, 1860, to make false statements / false declarations in
ones pleadings or filing false Affidavit or knowingly giving false evidence (OFFENCES OF PERJURY) or filing
of forged documents in the evidence before the Court of law, as contained in sections 463, 464, 467, 468, 469,
470, 471, 472 etc. of IPC.

15. Where aforesaid offences are alleged to have been committed during any proceedings before Court, than FIR
or private complaint to Magistrates court is not permissible for registering of above offences. 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 ones pleadings or have allegedly filed false Affidavit or
have allegedly knowingly given false evidence.

16. As regards alleged filing of forged document is concerned, as per an Apex Court ruling, an FIR, or Application
u/s 156(3) or `complaint u/s 200 may be made, and bar created u/s 195 does not come into play. This ruling is
based on the premise of the interpretation of the said section 195, wherein the Apex Court have held that bar
created u/s 195 would come into play only when the alleged forgery have been committed when the forgery is
alleged to have been committed when the concerned document was in the custody of the Court; and in cases
where the forgery is alleged to have taken place before the case was filed, there is no bar to register FIR etc.
Iqbal Singh Marwah & Anr vs Meenakshi Marwah & Anr (2005)

17. Where, false statements / false declaration / false evidence / forged document were given in any quasi judicial
or administrative proceedings, then, a private complaint before competent Magistrates Court u/s 200 can be
filed directly. Section 195 of CrPC doesnt come as a bar in this situation. However, where the false statements
/ false declaration / false evidence were given before any Tribunal, and if such tribunal is declared as Court in
the Statute for the purposes of the section 195 of CrPC, 1973, then, application has to be made in accordance
with section 340 r/w 195 of CrPC, 1973.
18. Perjury proceedings are ordinarily maintained at the Court where the false statement / evidence or forgery is
alleged to have been committed; and at the same time the concerned High Court would also have the
jurisdiction to entertain perjury proceedings under Article 227 of the Constitution of India.

19. Coming to deliverance and dispensation of justice, the exercise of adjudicating and declaring rights and
obligation of respective parties which are before the Court, by employing laws of the land, the principle of
equity, and customs & usages, the Courts / Tribunals formulate its decision.

20. The principles of natural justice forms the corner stone of every judicial decision and it postulate that both the
litigating parties must have equal and sufficient opportunity to deal with the allegations made against them.

21. A Judicial decision must be a self contained document from which it should appear as to what the facts of the
case were and what was the controversy, which was tried to be settled by the Court / Tribunal.

22. The process of reasoning by which Court came to a particular conclusion and decreed or dismissed the case,
should clearly be reflected in the decision.
23. The decision should be on the basis of evidence on record and in accordance with law.

24. The fate of Justice is tied to the thread of reason: Reasoned decisions are inescapable in the entire
scheme of administration of Justice, as explained decision breathes life into court order. Reasons disclose how
the mind was applied to the subject matter and reveals a rational nexus between the facts considered and
conclusions reached.

Recording of reasons is also an assurance that the judicial authority has applied its mind to the facts on record.
The reasons employed not only be logical / conceivable but which will also deal with the substantial points
which have been raised.

An unreasoned Order presupposes the non consideration of evidences and submissions on record made by
the Party therein and the opportunity of affording due hearing would be rendered meaningless and empty
formality and thus in essence occasion the frustration of principles of natural justice for the prejudiced party.

The giving of satisfactory reasons is required by the ordinary mans sense of justice. Reasoned decisions are
vital for the purpose of showing that one is receiving justice.

25. Having said all this, and to say that reasons must be given for decisions, what we really expect from
the judicial authority.

Reasons are appreciation of such facts and evidences which are on record, and from which the judicial
authorities are entitled to draw inferences and results.

Then comes the question, what is appreciation of facts and evidences.

Appreciation of facts and evidences is, drawing natural and logical inferences, drawing natural and logical
results, which necessarily flow from those facts and evidences [the facts would mean those facts which are self
evident or are admitted, or facts which are reasonably proved, disproved or not proved].

Appreciation of facts and evidence is an exercise wherein the proved existence of certain facts, provokes or
persuades the decision maker to reach a certain conclusion.

And to put it further straight, Reasons are those statements, whereby the decision maker will tell you, WHY
your submissions to claim certain reliefs, or WHY your submissions to deny reliefs claimed, are meritorious or if
are meritless; or to say, the decision maker will tell you, WHY you are entitled to the reliefs or WHY you are not
entitled to the reliefs, claimed or prayed for.

26. I am hasten to add here the valuable observations of the Apex court in the case of State Of Uttaranchal Versus
Sunil Kumar Vaish [2011].

Para 18: Judicial determination has to be seen as an outcome of a reasoned process of adjudication initiated
and documented by a party based, on mainly events which happened in the past. Courts' clear reasoning and
analysis are basic requirements in a judicial determination when parties demand it so that they can administer
justice justly and correctly, in relation to the findings on law and facts. Judicial decision must be perceived by
the parties and by the society at large, as being the result of a correct and proper application of legal rules,
proper evaluation of the evidence adduced and application of legal procedure. The parties should be convinced
that their case has been properly considered and decided.

Para 19: Judicial decisions must in principle be reasoned and the quality of a judicial decision depends
principally on the quality of its reasoning. Proper reasoning is an imperative necessity which should not be
sacrificed for expediency. The statement of reasons not only makes the decision easier for the parties to
understand and many a times such decisions would be accepted with respect. The requirement of providing
reasons obliges the judge to respond to the parties submissions and to specify the points that justify the
decision and make it lawful and it enables the society to understand the functioning of the judicial system and it
also enhances the faith and confidence of the people in the judicial system.

To read further pls follow the weblink below

https://vakeelkanumber.com/legalproceeding.php