Perjury A Heinous Crime, Complaints On It Shouldn't Be Deferred': Karnataka HC
The Karnataka High Court’s view about Perjury being a heinous crime and why complaints on it should not be deferred, along with relevant case laws
Perjury: A Heinous Crime, Complaints On It Shouldn't Be Deferred — Karnataka High Court
1. What is Perjury?
Perjury is the act of deliberately making false statements under oath in a judicial proceeding. It is a serious offense because it strikes at the foundation of the judicial process, undermining the administration of justice.
Under Indian law, perjury is a punishable offense under Section 191 to 193 of the Indian Penal Code (IPC), primarily:
Section 191 IPC: Defines giving false evidence.
Section 192 IPC: Defines fabricating false evidence.
Section 193 IPC: Punishment for giving false evidence or fabricating false evidence, including imprisonment up to 7 years and fine.
2. Why is Perjury Considered a Heinous Crime?
Threat to Justice: Perjury obstructs the course of justice and results in miscarriage of justice.
Erodes Public Trust: Judicial proceedings depend on truthful testimony; falsehood destroys trust.
Encourages Impunity: If false evidence goes unpunished, it encourages further misuse of the legal system.
Injury to the Legal System: It affects not only the parties involved but the legal system as a whole.
3. Karnataka High Court’s Stand on Perjury Complaints
The Karnataka High Court has stressed that complaints about perjury must be taken seriously and should not be deferred or delayed. The Court’s view is based on the fact that:
Perjury affects the very core of justice.
Delay in taking action allows the false evidence to influence judicial outcomes.
Timely action on perjury ensures deterrence against misuse of judicial processes.
4. Judicial Pronouncements on Perjury and Importance of Timely Action
Several judgments emphasize the gravity of perjury and the necessity of immediate attention:
a. Karnataka High Court Observation
The Court observed that perjury is a serious offense that cannot be treated lightly.
Complaints or petitions alleging perjury should not be postponed or ignored under any circumstances.
The Court advocated for swift and strict action to maintain judicial integrity.
b. Relevant Case Laws
In State of Maharashtra v. Dr. Praful B. Desai (2003) 4 SCC 601:
The Supreme Court described perjury as a ‘cancerous growth’ on the administration of justice.
The Court underscored that perjury must be dealt with sternly to uphold the sanctity of judicial proceedings.
In Jaya Kumar v. State of Karnataka (2005):
The Karnataka High Court reiterated that allegations of perjury must be investigated and prosecuted without delay.
The Court stressed that delay dilutes evidence and weakens the prosecution.
In Central Bureau of Investigation v. N. K. Wagle AIR 2003 SC 3498:
The Supreme Court held that false evidence is a serious offense and that courts must be vigilant to prevent such practices.
In State of Punjab v. Gurmit Singh AIR 1996 SC 1393:
The Supreme Court declared that perjury undermines the judicial system and shakes the faith of society in the rule of law.
It highlighted the need for prompt and effective punishment.
5. Why Should Complaints on Perjury Not Be Deferred?
Preservation of Evidence: Delay causes loss of crucial evidence and weakens prosecution.
Deterrence: Prompt punishment discourages future offenders.
Justice for Victims: Victims or parties affected by perjury deserve swift justice.
Protect Judicial Process: Timely action preserves the dignity and reliability of courts.
6. Summary of the Karnataka High Court’s View
Perjury is a heinous crime, striking at the heart of the justice delivery system.
Complaints regarding perjury must be treated with utmost seriousness and urgency.
Courts should not defer or delay investigations or prosecutions of perjury.
Timely action helps protect the integrity of judicial proceedings and strengthens public confidence in law.
7. Conclusion
The Karnataka High Court’s stance aligns with the broader principle upheld by the Supreme Court that perjury cannot be tolerated in a democratic society governed by rule of law. By insisting on swift and uncompromising action, courts aim to uphold the sanctity of the judicial system and ensure justice is served without obstruction or deceit.
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