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Can a Witness Be Prosecuted for Giving False Evidence in My Case in Bangalore?

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(@Himashu singh)
Joined: 2 weeks ago
[#3938]

A key prosecution witness has clearly given fabricated testimony against me and I can prove this with documentary evidence. Can I file a criminal complaint for perjury against a witness who has given deliberately false evidence in my criminal trial in Bangalore?


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(@advocate-mudit-pratap)
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Joined: 3 months ago

If a witness in your case in Bangalore has lied under oath, Indian law does provide a mechanism to address it. Giving false evidence is an offence under the Bharatiya Nyaya Sanhita, and perjury committed during a judicial proceeding can be prosecuted under the specific procedure laid out in the Bharatiya Nagarik Suraksha Sanhita (corresponding to Sections 340-344 CrPC). Importantly, this is not something a private party can simply file an FIR about on their own; it requires the court before which the false evidence was given to take specific action.

The process begins with an application, usually filed by the aggrieved party's advocate, requesting the court to hold a preliminary inquiry into whether the witness's statement was indeed false and given with deliberate, dishonest intention. If the court, after this inquiry, is satisfied that a case for perjury is made out, it can file a complaint itself or direct the concerned authority to do so, after which a separate criminal case for perjury proceeds independently of your original matter.

Timing matters considerably here. It is usually more effective to raise the issue of false testimony during cross-examination itself, highlighting the contradictions on record, and then move the formal application once the trial reaches an appropriate stage or concludes, so the court has a full picture before deciding whether to order prosecution.

Given the procedural complexity involved, it's important to have your application properly grounded in the contradictions actually recorded during trial. The team at Aapka Legal Advice can help assess whether the false statement in your case meets the threshold courts require.

If a witness has lied in your Bangalore case and it has affected the outcome, don't let it go unaddressed. Speak with experienced criminal lawyers in Bangalore about filing a properly grounded application.


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