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Perjury Requests Allowed in Civil Cases: Key Rulings

In civil litigation, accusations of perjury—intentionally giving false evidence under oath—can arise frequently, especially involving affidavits or witness statements. But courts don't take these claims lightly. A decision regarding perjury request is allowed in civil cases only under strict conditions, ensuring the process of justice isn't abused. This post breaks down the legal framework, Supreme Court guidelines, and real-world applications based on key judgments.

Disclaimer: This article provides general information on legal principles and is not specific legal advice. Consult a qualified lawyer for your situation, as outcomes vary by facts and jurisdiction.

Understanding Perjury in Civil Proceedings

Perjury typically falls under Section 193 of the Indian Penal Code (IPC), punishing false statements made on oath. In civil cases, it often involves affidavits filed with plaints, written statements, or during evidence. Section 340 of the Code of Criminal Procedure (CrPC) empowers courts to initiate inquiries into such offenses.

Courts emphasize that not every inconsistency or denial amounts to perjury. As reiterated in multiple rulings, The prosecution for perjury should be sanctioned by courts only in those cases where the perjury appears to be deliberate and conscious and the conviction is reasonably probable or likely. Salem Advocate Bar Association, T. N. VS Union Of India - 2005 5 Supreme 236 B.GOKILA vs MURUGESAN.R - 2022 Supreme(Online)(MAD) 10469

Key Elements for Allowing a Perjury Request

To succeed, a perjury request must meet these thresholds:
- Deliberate Falsehood: Mere inaccuracy or contradiction isn't enough; it must be a knowing lie on a material fact.
- Prima Facie Case: The court must form an opinion that an offense under IPC Sections 191, 193, or related provisions occurred.
- Expedient in Interest of Justice: Prosecution must serve justice, not harass parties. Floodgates of litigation must be avoided. Rithu Maria Joy, D/o. Joy VS Shejoy Varghese, S/o. Varghese - 2023 Supreme(Ker) 212

Supreme Court Guidelines on Perjury Sanctions

Landmark cases from the Code of Civil Procedure (CPC) amendments (1999 and 2002) highlight judicial caution. In the Salem Advocate Bar Assn. case, the Supreme Court addressed affidavits under CPC Section 26(2) and Order VI Rule 15(4):

The affidavit required to be filed under amended Section 26(2) and Order VI Rule 15(4) of the Code has the effect of fixing additional responsibility on the deponent as to the truth of the facts stated in the pleadings. Salem Advocate Bar Association, T. N. VS Union Of India - 2005 5 Supreme 236

Yet, false affidavits don't automatically trigger perjury action. Courts must weigh if it's expedient.

Criteria from Judicial Precedents

• Conscious Violation: In Radhey Shyam, courts sanction only deliberate perjury where conviction seems likely. Prochy N. Mehta VS Noshir Tankariwala - 2023 Supreme(Cal) 1167 Ankur Malik VS Calcutta Medical Centre Ltd. - 2023 Supreme(Cal) 468


• No Routine Sanctions: If in all such cases, proceedings for perjury are to be filed, not only will that open up floodgates of litigation, but it would also be an abuse of the process of the Court. Rithu Maria Joy, D/o. Joy VS Shejoy Varghese, S/o. Varghese - 2023 Supreme(Ker) 212


• Preliminary Inquiry Mandatory: Under Section 340 CrPC, courts conduct a preliminary check. No hearing for the accused is needed pre-inquiry, but facts must justify it. Monika VS State of Haryana - 2024 Supreme(P&H) 470

In civil suits, false pleadings or documents prompt warnings like blacklisting couriers or perjury trials, but only if proven willful. Salem Advocate Bar Association, T. N. VS Union Of India - 2005 5 Supreme 236

When Courts Have Allowed Perjury Requests in Civil Cases

Requests succeed in exceptional scenarios:

1. False Affidavits Obstructing Justice

In cases of forged documents or tutored witnesses, courts act sternly. For instance:
- Contempt for False Affidavits: Police officials filing denials despite evidence faced imprisonment. The filing of false affidavits in judicial proceedings in any court of law amounts to criminal contempt. Dhananjay Sharma VS State Of Haryana - 1995 Supreme(SC) 635
- Matrimonial Disputes: Where employment was concealed deliberately in maintenance claims, inquiries were ordered—but only after prima facie proof. Monika VS State of Haryana - 2024 Supreme(P&H) 470

2. Abuse of Process

Unscrupulous litigants filing false pleas face prosecution:

Perjury has become a way of life in our courts... parties have hardly any apprehension of being prosecuted for perjury. Ramrameshwari Devi VS Nirmala Devi - 2011 4 Supreme 625

Courts suggest heavy costs, restitution, and prosecution. A. Shanmugam VS Ariya Kshatriya Rajakula Vamsathu Madalaya Nandhavana Paripalanai Sangam - 2012 3 Supreme 460

3. Post-Acquittal or Evidence Tampering

In property suits or motor claims, inconsistent civil-criminal testimonies led to dismissals, not perjury sanctions, unless deliberate. National Insurance Co. Ltd. VS Bajinder Singh - 2023 Supreme(P&H) 2608

When Requests Are Rejected

Most requests fail:
- No Relief Obtained on False Statement: Even if misleading, if no benefit accrued, no sanction. Prochy N. Mehta VS Noshir Tankariwala - 2023 Supreme(Cal) 1167
- Caretaker Disputes: Brother's injunction suit against titled sister dismissed; no perjury as civil title prevailed. Maria Margarida Sequeria Fernandes VS Erasmo Jack de Sequeria - 2012 2 Supreme 602
- Stale Claims: Inordinate delays without diligence bar condonation and perjury pursuits. Pundlik Jalam Patil (D) by Lrs. VS Exe. Eng. Jalgaon Medium Project - 2008 Supreme(SC) 1602

In Iqbal Singh Marwah, courts clarified Section 195 CrPC bars private complaints for court-related forgeries. Rithu Maria Joy, D/o. Joy VS Shejoy Varghese, S/o. Varghese - 2023 Supreme(Ker) 212

Practical Steps for Perjury Requests in Civil Cases

1. File Under Section 340 CrPC: Approach the court where falsehood occurred.


2. Provide Evidence: Show contradictions, documents proving falsity.


3. Demonstrate Expediency: Explain how prosecution upholds justice.


4. Expect Inquiry: Court may summon parties, record statements.

High Courts frame guidelines for affidavits, costs, and summons service to curb abuse. Salem Advocate Bar Association, T. N. VS Union Of India - 2005 5 Supreme 236

Role of CPC Amendments

Post-2002 amendments:
- Order VIII Rule 1: Strict timelines for written statements; delays invite judgment.
- Order XVII: Limited adjournments; costs mandatory.
- Section 35: Realistic costs for frivolous claims. Salem Advocate Bar Association, T. N. VS Union Of India - 2005 5 Supreme 236

These deter false claims indirectly.

Key Takeaways

• Perjury requests in civil cases are allowed sparingly, focusing on deliberate, conscious lies impacting justice.


• Courts prioritize preliminary inquiries under Section 340 CrPC to avoid abuse.


• Repeated Supreme Court mantra: Sanction only if conviction probable and expedient. Salem Advocate Bar Association, T. N. VS Union Of India - 2005 5 Supreme 236 James Kunjwal VS State Of Uttarakhand - 2024 6 Supreme 159


• Litigants: Verify facts; courts: Impose costs/prosecute abusers.


• In most cases, inconsistencies resolve via cross-examination, not criminal probes.

Civil litigation thrives on truth-seeking. Frivolous perjury bids waste resources—focus on merits. For tailored advice, engage counsel.