29 April 2024 Criminal Defense >> Criminal Law  

A recent court judgement in India has revived a complaint alleging a false affidavit filed in court proceedings. The case highlights the proper procedures for bringing such accusations forward.

Facts:

The case involved a dispute over property. The Petitioners (original complainants) accused the Respondents of filing a false affidavit during inventory proceedings. They filed a private complaint under Section 190 of the Criminal Procedure Code (Cr.P.C.).

The Procedural Maze:

The complaint was initially transferred to a specific court ('E' Court) but later recused itself. The complaint then went to a different court ('G' Court), which issued a summons against the Respondents for an offense under Section 209 of the Indian Penal Code (IPC).

However, the Sessions Court dismissed the entire complaint. The Court cited two reasons:

• Private complaints are not allowed for such offences under Section 195 of Cr.P.C.
• 'G' Court lacked jurisdiction in the matter.

The Appeal and Judgement:

The Petitioners challenged the dismissal. The Court agreed that a private complaint wasn't the appropriate way to proceed due to Section 195 of Cr.P.C. However, the Court faulted the Sessions Court for completely dismissing the complaint.

The Court ruled that the complaint should have been treated as an application under Section 340 of Cr.P.C. This section outlines a specific procedure for courts to follow when dealing with allegations of false evidence in their proceedings. It involves an inquiry by the Court where the alleged offence happened.

Key Takeaways:

The judgement clarifies the proper procedure for bringing forth accusations of false affidavits in court proceedings. While private complaints might not be the answer, Section 340 of Cr.P.C. offers an alternative route for pursuing such allegations. The Court emphasized the importance of addressing these accusations to uphold the integrity of the judicial system.

  Code of Criminal Procedure, 1973