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
| Stage | What Happens | Usual Duration |
|---|---|---|
| Filing of application | Application under Section 379 BNSS placed before the judge hearing the main case | Same day to 2 weeks for listing |
| Preliminary enquiry | Judge examines the record, may direct a subordinate magistrate or court officer to verify | 1 to 6 months, longer if enquiry is delegated |
| Notice and reply | Proposed accused is heard before any finding is recorded | 2 to 8 weeks |
| Written complaint | If expedient, court sends complaint to the jurisdictional magistrate | Order usually passed with the main judgment or shortly after |
| Trial of the perjury case | Summons trial before the magistrate, witnesses re-examined | One 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.