Can perjury case be filed in a civil matter?

[Anonymous]

In a civil suit filed against me, the plaintiff has filed certain forged documents. On the basis of these forged documents which have been submitted in the Civil Court, can I file a perjury case in the Civil matter?

[Dr. Ashok Dhamija]

Why not?

Perjury basically means the offence of wilfully telling an untruth in the court or making a misrepresentation under oath.

Offence under Sections 193 of the Indian Penal Code, which is basically the offence of perjury, relates to giving false evidence in judicial proceeding, etc. In this section, the expression “judicial proceeding” is not confined to a criminal matter; it can very well be in a civil matter also.

In the facts of your case, if a party in a civil suit has filed forged documents before the court, it would definitely attract the offence of perjury. So, you can move the civil court, before which such forged documents were submitted, to initiate the perjury proceedings.

Also see: Perjury application under S. 340 CRPC not accepted by judge.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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