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Legal Guide

What is Perjury – Punishment, Laws, and Consequences

What constitutes perjury under Indian law, the punishment under BNS 2023, how perjury is prosecuted, famous Indian perjury cases.

From Suspicion to Sanction: How a Perjury Complaint Actually Moves

Most people assume that a witness who lies can simply be reported to the police. In practice, that route is closed. A false statement made in judicial proceedings cannot be investigated by the police on a private complaint, because the court itself must first decide whether the matter deserves to be pursued. The mechanism is the sanction provision carried forward from Section 340 of the old Code into Section 379 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court before which the false statement was made conducts a preliminary enquiry, records a finding that it is expedient in the interests of justice to prosecute, and then makes a written complaint to the magistrate having jurisdiction. Only after that complaint does a criminal case exist.

The Evidence File That Makes a Section 379 Application Credible

A perjury application is won or lost on the documents attached to it. Before drafting, assemble the following. Each item should be a certified copy or a legible photocopy with the page numbers of the original record marked on it.

  • Certified copy of the sworn statement, affidavit or deposition containing the allegedly false assertion, with the exact paragraph, line or question number highlighted.
  • The contradictory document or record: a registered sale deed, a municipal assessment record, a bank statement, an earlier affidavit, an income tax return, or a prior deposition in another proceeding.
  • Proof that the deponent had knowledge of the contradiction, which is the element that separates perjury from honest error. Correspondence, notices or prior court orders showing that the document was in the witness's hands are what carry this limb.
  • A short chronology, not more than two pages, mapping each false statement to its contradicting document.

Where the false statement is in a verified pleading, the application must identify the particular averment and show that it was verified as true to the pleader's own knowledge.

Indicative Timeline in a Kolkata Court

StageWhat HappensUsual Duration
Filing of applicationApplication under Section 379 BNSS placed before the judge hearing the main caseSame day to 2 weeks for listing
Preliminary enquiryJudge examines the record, may direct a subordinate magistrate or court officer to verify1 to 6 months, longer if enquiry is delegated
Notice and replyProposed accused is heard before any finding is recorded2 to 8 weeks
Written complaintIf expedient, court sends complaint to the jurisdictional magistrateOrder usually passed with the main judgment or shortly after
Trial of the perjury caseSummons trial before the magistrate, witnesses re-examinedOne to three years in the metropolitan courts

Five Mistakes That Sink Otherwise Good Applications

  • Filing during the trial instead of at the right stage. Courts prefer to decide the question when delivering judgment, once the full evidence is on record. An application at the examination-in-chief stage is premature and often dismissed with liberty to renew.
  • Confusing contradiction with falsity. Two witnesses differing on a detail, or a witness forgetting a date, is not perjury. The statement must be false to the maker's knowledge, not merely inconsistent with another version.
  • Ignoring the remedy that already exists. If the object is to defeat a case built on a false document, the civil remedy of challenging the document and the procedural remedy of recall and cross-examination usually deliver results faster than a sanction application.

Common questions

Frequently asked questions

What is perjury under Indian law?
Perjury is the offense of giving false evidence while under oath or affirmation, knowing or believing it to be false. It is covered under Sections 227-233 of the Bharatiya Nyaya Sanhita (BNS) 2023 (formerly IPC). Simply being mistaken is not perjury — there must be deliberate intent to deceive the court.
What is the punishment for perjury in India?
Basic perjury (Section 229 BNS): imprisonment up to 7 years and fine. Perjury leading to conviction and execution in a capital case: imprisonment up to life or death (Section 230 BNS). Fabricating false evidence: imprisonment up to 7 years and fine (Section 228 BNS).
Can I be prosecuted for perjury for an incorrect affidavit?
Yes — if the false statement in the affidavit was made knowingly or with reason to believe it was false. However, courts distinguish between deliberate falsehoods and genuine mistakes or lack of accurate information. An apology and correction at the earliest opportunity can mitigate the consequences.
How is a perjury case initiated in India?
Perjury prosecution requires the court's sanction under Section 340 CrPC (now Section 379 BNSS). The court must conduct a preliminary inquiry, find it expedient in the interests of justice to prosecute, and direct the filing of a complaint. A private individual cannot directly file a perjury complaint.
What should I do if I realize I made a false statement in court?
Correct it at the earliest possible opportunity — ideally at the next hearing. File an affidavit explaining the error and apologizing unconditionally. Intentional, timely correction may persuade the court that the false statement was not deliberate perjury but a genuine mistake. Delay in correction worsens the situation.
Is perjury treated seriously in Indian courts?
Traditionally, perjury prosecutions were rare. However, the Supreme Court has repeatedly directed lower courts to take perjury seriously and initiate prosecution wherever warranted. In recent years, several high-profile perjury convictions have been reported, signaling a shift toward stricter enforcement.
Advocate Panchanand Shaw

Practising advocate, Calcutta High Court. Chamber at 14 Hare Street, opposite Bankshall Court, Kolkata 700001.

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