After I made compliant to the police the opposite party created backdated letters and submitted it to the police. Later they filed a bogus FIR in different PS. During cross-examination the person who signed those letters is denying them but inspector has submitted those letters to CP. During next hearing while crossing the same witness I like to put both the statements and ask which one of them is true. If the complainant denies does it come under perjury what action can be initiated after that.
Dear Sir,
In each and every case perjury offence can be made out but Indian Courts are not registering such perjury cases since every criminal case create parallel perjury case. Anyhow for your satisfaction you can file such perjury case as under:Â
==========================================================
How to file perjury in India ?
How to file perjury in India ?
In order to sustain and maintain sanctity and solemnity of the proceedings in law courts it is necessary that parties should not make false or knowingly, inaccurate statements or misrepresentation and/or should not conceal material facts with a design to gain some advantage or benefit at the hands of the court, when a court is considered as a place where truth and justice are the solemn pursuits. If any party attempts to pollute such a place by adopting recourse to make misrepresentation and is concealing material facts it does so at its risk and cost.
Read a judgment about the above in Vijay Syal Vs. State of Punjab
PROSECUTION OF PERJURY:
1. Legal obligation to state the truth
2. The making of a false statement .
3. Belief in its falsity .
Criteria for establishing offense:
(a) The statement is false
(b) The parson making the statement knew or believed it to be false or did not believe it to be true.
(c) The statement was made intentionally.
All three criteria must be proved for conviction. Intention is most important.
False evidence is said to be given intentionally, if, the person making the statement is aware or has knowledge that it is false and has deliberately used such evidence in a judicial proceeding with the intention of deceiving the court .
Disclaimer: The above query and its response is NOT a legal opinion in any way
whatsoever as this is based on the information shared by the person posting the
query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to
address the specific facts and details.