A witness can be prosecuted for giving false evidence in your case, since Section 227 of the Bharatiya Nyaya Sanhita (formerly Section 193 IPC) makes perjury a punishable offence, recognising that false testimony fundamentally undermines the justice system. Whether a witness can be prosecuted for giving false evidence in your case requires the court itself, or a party with its permission, to initiate proceedings under Section 340 CrPC (Section 379 BNSS), typically after the main trial establishes that the testimony was indeed false and given knowingly. This two-stage requirement — first, a finding within the main proceedings that the testimony was false, and second, a separate application to initiate perjury proceedings — reflects how seriously courts treat the step of formally prosecuting someone for lying under oath.

Courts do not initiate perjury proceedings lightly, since witnesses can sometimes give inconsistent or mistaken testimony without any deliberate intent to lie, and genuine confusion, faulty memory, or honest error is treated very differently from deliberate falsehood. The court examining a request for perjury proceedings will typically look for clear indications that the witness knowingly and deliberately gave false testimony, rather than simply having their account differ from other evidence presented.

This is a serious and deliberate legal step that should be pursued with strong supporting evidence of the falsehood, ideally including specific contradictions, documentary evidence disproving the testimony, or other clear indicators that the witness's account was knowingly fabricated rather than simply mistaken. Approaching this without sufficiently strong grounds can weaken your broader case, so it is worth pursuing carefully rather than reflexively whenever a witness's account is unfavourable to your position.

For guidance on pursuing perjury proceedings against a witness, Aapka Legal Advice can advise on the strength of your case and whether the specific evidence available meets the threshold courts expect before initiating such proceedings. Our network of Top Criminal Lawyers in India and retired judges panel have experience successfully pursuing such proceedings, understanding exactly how to build and present a compelling case for perjury where the evidence genuinely supports it. In conclusion, false testimony carries real legal consequences under Indian law, and pursuing accountability for it, where the evidence justifies doing so, protects both your case and the broader integrity of the judicial process.