Can a government pleader may file false documents before a court of law. Will Such an act would be considered as an offense of perjury ?

It is possible that a government pleader may file false documents before a court of law. Such an act would be considered as an offense of perjury.

Perjury is a serious offense and is punishable under the law. In order to prove perjury, it is necessary to show that the false document was filed intentionally and with the knowledge that it was false. This can be proven through evidence such as witness statements, expert testimony, or documentary evidence.

Under Indian law, perjury is defined under Section 191 of the Indian Penal Code. Any person who gives false evidence before a court or makes a false declaration before an authority can be punished with imprisonment of up to 7 years and a fine.

In order to initiate action against a person for perjury, a complaint needs to be filed with the court stating the facts of the case and the evidence supporting the allegation of perjury. The court will then conduct an inquiry into the matter and if the allegation is found to be true, the person accused of perjury will be prosecuted.

Here are some relevant case laws related to perjury:

State of Gujarat v. Mohanlal Jitamalji Porwal: In this case, the Supreme Court held that perjury is a serious offense as it undermines the sanctity of the judicial system. The court also emphasized that perjury not only hampers the administration of justice but also affects the credibility of the judicial process.

Ramesh Kumari v. State of NCT of Delhi: In this case, the Delhi High Court held that in order to prove perjury, it is necessary to establish that the false statement was made with the knowledge that it was false or with reckless disregard for its truthfulness.

Sunita Devi v. State of Bihar: In this case, the Supreme Court held that perjury is not limited to false evidence given on oath in a court of law but also includes false statements made before any person authorized by law to take such statements.

To initiate action against a person for perjury, the following steps need to be followed:

File a complaint with the court stating the facts of the case and the evidence supporting the allegation of perjury.

The court will then issue notice to the accused and conduct an inquiry into the matter.

If the allegation of perjury is found to be true, the accused will be prosecuted and can face imprisonment and/or fine.

In conclusion, perjury is a serious offense that can be committed by anyone, including government pleaders. It is important to take appropriate action against such offenses to uphold the sanctity of the judicial system. The steps to follow under perjury include filing a complaint with the court, presenting evidence to prove the allegation, and allowing the court to conduct an inquiry into the matter.

Human error, technical issues, and practical difficulties are not considered exemptions for perjury committed by government pleaders. Perjury is an intentional act of giving false evidence or making a false declaration, and these factors do not excuse such behavior.

Section 191 of the Indian Penal Code defines perjury as intentionally giving false evidence in any stage of a judicial proceeding, or fabricating false evidence for the purpose of being used in a judicial proceeding. The offense is punishable with imprisonment for a term of up to seven years and/or a fine.

Here are some case laws related to perjury that highlight that these factors are not considered exceptions:

K. S. Mathew v. State of Kerala: In this case, the Supreme Court held that making a false statement on account of a mistake, error or lapse of memory, or inadvertence is not sufficient to prove the defense of innocence. The court held that the intent to deceive is necessary for the offense of perjury.

Narayan Das Kedarnath v. State of West Bengal: In this case, the Calcutta High Court held that a technical mistake or an error made inadvertently does not constitute a defense for perjury. The court held that the act of giving false evidence knowingly is essential to establish the offense of perjury.

Madan Lal Garg v. State of Punjab: In this case, the Punjab and Haryana High Court held that practical difficulties faced by the witness in giving evidence do not justify giving false evidence. The court held that the offense of perjury is committed only when the witness knowingly gives false evidence.

In conclusion, human error, technical issues, and practical difficulties are not considered exemptions for perjury committed by government pleaders. The intent to deceive is necessary to establish the offense of perjury. The relevant law is Section 191 of the Indian Penal Code, and the above case laws highlight that these factors are not considered exceptions.