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[Landmark Judgement] Re: R. Karuppan Advocate (2001) 

Published on: October 9, 2023 at 00:53 IST

Court: Supreme Court of India

Citation: Re: R. Karuppan, Advocate (2001) 

Honourable Supreme Court of India has held that Section 191 of the Indian Penal Code, 1860 deals with the offence of Perjury i.e., filing false evidence against principal of public justice. It is held that Hon’ble Courts must take effective and stern action against the Unscrupulous litigants who make false statements to suit the interests of the parties for preventing the evil of perjury, concededly let loose by vested interest and professional litigants.

15. In India, law relating to the offence of perjury is given a statutory definition under Section 191 and Chapter XI of the Penal Code, 1860, incorporated to deal with the offences relating to giving false evidence against public justice.

The offences incorporated under this Chapter are based upon recognition of the decline of moral values and erosion of sanctity of oath. Unscrupulous litigants are found daily resorting to utter blatant falsehood in the courts which has, to some extent, resulted in polluting the judicial system.

It is a fact, though unfortunate, that a general impression is created that most of the witnesses coming in the courts despite taking oath make false statements to suit the interests of the parties calling them. Effective and stern action is required to be taken for preventing the evil of perjury, concededly let loose by vested interest and professional litigants.

The mere existence of the penal provisions to deal with perjury would be a cruel joke with the society unless the courts stop to take an evasive recourse despite proof of the commission of the offence under Chapter XI of the Penal Code, 1860. If the system is to survive, effective action is the need of the time. The present case is no exception to the general practice being followed by many of the litigants in the country.

Drafted By Abhijit Mishra