TMI Blog1966 (2) TMI 103X X X X Extracts X X X X X X X X Extracts X X X X ..... stances. 2. Jagdish Singh and Parmhans were appellants in F.A. 301 of 1952 in the High Court at Patna. Mst. Dharichhan Kuer was respondent No. 13 in that appeal. During the pendency of the appeal a compromise was said to have been arrived at between Dharichhan Kuer on the one hand and Jagdish Singh and Parmhans on the other. Dharichhan Kuer and Jagdish Singh swore an affidavit on June 22, 1953 in support of the petition for compromise which was filed in the High Court. Baban Singh's brother identified Dharichhan Kuer before the Oath Commissioner and Rs. 4,000 were paid to Dharichhan Kuer under the terms of the compromise in the Commissioner's presence. Dharichhan Kuer also passed a receipt and her thumb impression was identified by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... could be filed in the High Court because Baban Singh and Dharichhan Kuer had deposed not before the court but before the Registrar. Further Section 479A (to which we shall refer presently) was introduced from January 1, 1956 and thus on October 5, 1956, when the High Court accepted the report of the Registrar, it was in force. The Divisional Bench did not consider taking action under Section 193 because of Section 479A and it appears that the counsel for Jagdish Singh and Parmhans also conceded that no prosecution could take place under that section. The High Court, however, considered whether action should be taken in respect of the two affidavits (Exs. A and B). It is not necessary to refer to the statements in these affidavits because w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o have been taken under that section and Section 476 cannot be invoked. Section 479A, in so far as it is relevant to our purpose, provides as follows :- 479-A. Procedure in certain cases of false evidence. - (1) Notwithstanding anything contained in section 476 to 479 inclusive, when any Civil, Revenue or Criminal Court is of opinion that any person appearing before it as a witness has intentionally given false evidence in any stage of the judicial proceeding or has intentionally fabricated false evidence for the purpose of being used in any stage of the judicial proceeding, and that, for the eradication of the evils of perjury and fabrication of false evidence and in the interests of justice, it is expedient that such witness should be pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hable in the same manner as if false evidence was given. The difference between Sections 191 and 199 is this; Section 191 deals with statements and declarations falsely made by a person legally bound by an oath or by an express provision of law to state the truth. Section 199 deals with statements and declarations made voluntarily provided they are capable of being used as evidence and which the court is bound to receive as evidence. 7. The matter has to be considered from three standpoints. Does the swearing of the false affidavits amount to an offence under Section 199, Indian Penal Code or under either Section 191 or 192, Indian Penal Code ? If it comes under the two latter sections, the present prosecution cannot be sustained, Section 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this way their offence came within the worst of Sections 191/192 rather than Section 199 of the Indian Penal Code. They were thus prima facie guilty of an offence of giving false evidence or of fabricating false evidence for the purpose of being used in a judicial proceeding. 8. Section 479-A lays down a special procedure which applies to persons who appear as witnesses before civil, revenue or criminal courts and do one of two things : (i) intentionally give false evidence in any state of the judicial proceeding or (ii) intentionally fabricate false evidence for the purpose of being used in any stage of the judicial proceeding. The first refers to an offence under Section 191/193 and the second to that under Section 192/193 of the Indian P ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
