[Perjury – The Root Cause Behind The Clogged State Of The Indian Judicial System]
The Indian Penal Code, 1860 defines Perjury in Chapter IX "OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE" under Section 191. The punishment for the offence of Perjury is defined under section 193 of Indian Penal Code, 1860 as SEVEN YEARS of imprisonment. The procedure in dealing with cases mentioned u/s 191 of Indian Penal Code, 1860 are dealt in Chapter XXVI of The Code of Criminal Procedure, 1973 under section 340.
Perjury, or the act of lying under oath, can significantly impact the judicial process, leading to prolonged cases and contributing to court congestion in several ways:
1. Delay in Proceedings: When a witness or party commits perjury, it can lead to a delay in proceedings. This is because the false statements may lead to additional hearings or trials to uncover the truth, requiring more time and resources from the court system.
2. Compromising Evidence: Perjury can compromise the integrity of the evidence presented in court. If discovered, it necessitates a re-examination of the evidence, possibly requiring new evidence to be presented and evaluated, which can further delay the case.
3. Increased Legal Costs: The additional hearings and investigations required to address perjury can increase legal costs for all parties involved. This not only extends the duration of the case but also places a heavier financial burden on the legal system.
4. Additional Litigation: In cases where perjury is discovered after a decision has been made, it may lead to appeals or even retrials. This not only prolongs the specific case involved but also adds to the overall caseload of the courts.
5. Undermining Trust in the Judicial System: Perjury can erode the trust and confidence in the judicial process. When parties believe that the system is easily manipulated or that lying can go unpunished, it may encourage more litigation on dubious grounds, further clogging the courts.
6. Resource Allocation: The need to address and rectify instances of perjury diverts valuable court resources and personnel from other cases. This can lead to a backlog of cases, as the court's limited resources are stretched thinner.
7. Jury Deliberation: In jury trials, perjury can significantly extend the length of jury deliberations. Jurors must sift through evidence to determine its credibility, and lies can complicate this process, leading to longer deliberation periods.
In India, perjury is considered a criminal offense and is addressed under various sections of the Indian Penal Code (IPC), as well as specific statutes such as the Contempt of Courts Act, 1971, and the Code of Civil Procedure, 1908.
Section 191 of Chapter XI of IPC deals with the offence of giving false evidence which is when a person who is under oath or express provisions of law required to state the truth, makes a false statement or any statement that the said person does not believe to be true is known as giving false evidence. The punishment for giving such false evidence before a judicial proceeding is up to 7 years and a fine as enumerated in Section 193 of IPC.
But the said offence is non-cognizable, meaning thereby that the said offence can neither be investigated upon nor an FIR registered by the police without express permission or direction from the court.
The offence of Perjury is a commonplace in the Indian judicial system. Even though most pleading before a judicial forum mandates an affidavit in support of such a pleading, the affidavits are taken lightly by the litigant and the judicial system. The Indian Judiciary has over the years voices its concern to police the offence of perjury citing the tremendous volume of pendency and the inability of the legal system to handle the said offence.
A division bench of the High Court of Meghalaya headed by the Chief Justice while hearing an appeal of conviction made the observation that 'Unless Indian judges get serious with litigants and witnesses, the present trend of false affidavits being filed, and false evidence being given may one day render the judiciary irrelevant.’
Some of the comments made by the former CJI, Ranjan Gogoi on the condition of the Indian judiciary system draw a grave concern. "You want a 5 trillion dollar economy but you have a ramshackled judiciary", Gogoi adds "Who goes to the court? You go to the court and regret".
India’s legal system has the largest backlog of pending cases in the world – as of May 2022, over 4.7 crore cases are pending in courts across different levels of the judiciary. Of them, 87.4% are pending in subordinate courts, 12.4% in High Courts, while nearly 1,82,000 cases have been pending for over 30 years.
The Supreme Court of India has noted why perjury is not taken seriously. In Swaran Singh vs. State of Punjab, it observed that '…Perjury has also become a way of life in the law courts. A trial Judge knows that the witness is telling a lie and is going back on his previous statement. Yet he does not wish to punish him or even file a complaint against him. He himself has to sign the complaint. This deters him from filing the complaint…'
The Bombay High Court too noted the menace of perjury being committed rampantly in courts. Judgment in the case of Vijay Enterprises vs Gopinath MahadeKoli and Ors., in which it held 'Now the time has come when the litigants are utilizing the fabricated documents rampantly. Now the time has also come where people are making statements on oath and in court proceedings which are blatantly false to their own knowledge. Now a days parties are using false documents with a view to achieve orders which they desire to obtain. It is needless to state that justice delivery system has to be pure. And should be such that the persons who are approaching the Courts and filing the proceedings must be afraid of using fabricated documents. And also of making false statements on oath. We are a Court of Law sitting here to ascertain the truth and give justice in accordance with the law. To establish truth. And not to be misled by the advocates and the parties in the various directions. So as to make it almost impossible to give effective and truthful justice to the litigants at large. And, in my opinion keeping in mind the aforesaid position it is high time. High time that where the people have blatantly used the fabricated document for the purpose of achieving the desired result even by misleading the Court and/or by making false statement and by using fabricated documents cannot escape the penalties.'
Important articles related to Perjury:
Perjury Is A Serious Criminal Offence Which Can’t Be Remedied, Making False Statement To Court Has To Invite Adverse Action: Delhi High Court https://www.livelaw.in/high-court/delhi-high-court/delhi-high-court-perjury-false-statement-affidavit-action-contempt-petiiton-226385
'Perjury A Heinous Crime, Complaints On It Shouldn't Be Deferred': Karnataka High Court https://www.livelaw.in/news-updates/karnataka-hc-perjury-complaints-not-to-be-deferred-wifes-false-maintenance-claim-181709
In Case Of Perjury, Court Can Invoke Its Contempt Jurisdiction: Delhi HC Jails Litigant For Lying Under Oath https://www.livelaw.in/in-case-of-perjury-court-can-invoke-its-contempt-jurisdiction-delhi-hc-jails-litigant-for-lying-under-oath-read-judgment/
Minister for Justice Heather Humphreys, Ireland on 28 July signed the commencement order for the Criminal Justice (Perjury and Related Offences) Act 2021.
The legislation, which passed all stages of the Oireachtas in June, provides a clearer, statutory definition of perjury.
The Government expects the law to help bring down insurance costs. James Browne (Minister of State at the Department of Justice, pictured) said that the legislation would have a “significant deterrent effect” on those considering making false or fraudulent claims.
The new legislation establishes a statutory criminal offence for perjury. It provides for statutory perjury-related offences – including false statements on oath, false statutory declarations, and false declarations.
It includes penalties of up to 12 months for conviction on a summary offence, and up to ten years for conviction on indictment.
In summary, perjury not only has the potential to prolong individual cases but also contributes to broader systemic issues within the judiciary, including inefficiencies and a lack of trust in legal proceedings. Addressing perjury effectively is crucial for maintaining the integrity and efficiency of the court system.
(News and data source: Mondaq.com, Thehindu.com, Lawyersclubindia.com, The New Indian Express and MapsofIndia.com, lawsociety.ie)
Comentarios