📘 False Cases and Perjury: How to Legally Prosecute Using Sections 195, 340 & 482 CrPC

🔍 Introduction

False criminal cases, forged documents, or fabricated evidence in court are not only unethical — they are criminal offences under the Indian Penal Code. However, not every false allegation automatically leads to prosecution. The Criminal Procedure Code (CrPC) lays down specific rules under Sections 195 and 340 for initiating such prosecutions.

When and how to prosecute for false evidence and false charges.
The role of Sections 195, 340, and 482 CrPC.
Whether you can file a private complaint ?
What remedies exist after acquittal ?
Latest case law and practical steps.

🔹 1. Section 195 CrPC – Bar on Direct Complaint

📜 What it says:

Section 195 CrPC bars courts from taking cognizance of certain offences unless the court where the offence occurred files a written complaint. These include:

False evidence – Section 193 IPC
False charge with intent to injure – Section 211 IPC
Forgery of court documents – Sections 463, 467, 468, 471 IPC (when used in court)

⚖️ Key Principle:

👉 You cannot file a private criminal complaint directly for these offences.

👉 You must first apply under Section 340 CrPC before the court where the alleged falsehood occurred.

🔹 2. Section 340 CrPC – How to Initiate Prosecution

This section gives the procedure to file a complaint when an offence under Section 195 arises.

📌 Procedure:

File an application under Section 340 CrPC before the same court where the false evidence or false case occurred.
The court will conduct a preliminary inquiry.
If satisfied that:

The offence is prima facie made out, and
Prosecution is expedient in the interest of justice,
Then the court itself files a complaint before the Magistrate.

🔹 3. What if You Were Acquitted in a False Criminal Case?

✅ You may prosecute the complainant under Section 211 IPC for false charges, but:

You cannot file a private complaint directly.
You must file a 340 CrPC petition before the court that acquitted you.

📌 Section 211 IPC – False charge with intent to injure
🛑 Cognizance barred by Section 195 CrPC — court complaint required

🔹 4. Can You Include the Police Officer (Investigating Officer)?

Yes — but only in rare and clear-cut cases, where:

The IO knowingly fabricated evidence,
Acted in collusion with the complainant,
Abused power with mala fide intent.

🚫 Mere negligence or bad investigation is not enough for prosecution under Section 211 IPC.

🔹 5. Section 482 CrPC – Inherent Powers of High Court

Many ask: “After acquittal, can I file 482 CrPC to prosecute the complainant or IO?”

❌ Answer: No, not directly.

Section 482 CrPC cannot be used to bypass Section 195/340.
You must first exhaust Section 340 procedure.
However, you can use 482 CrPC:
To challenge the dismissal of your 340 CrPC petition.
To quash malicious counter-cases.
To ensure that justice is not denied if lower courts delay or ignore your plea.

🔹 6. Limitation for Filing 482 CrPC After 340 Dismissal

🕒 No fixed statutory limitation, but:

Must be filed within a reasonable time (preferably within 90–180 days).
Delay must be explained with reasons.

⚖️ Zandu Pharma v. Sharaful Haque (2005):
Delay in invoking Section 482 CrPC may result in dismissal if not properly justified.

🔹 7. Landmark Case Law Summary

Case Name	Citation	Principle
Iqbal Singh Marwah v. Meenakshi Marwah	(2005) 4 SCC 370	Section 195 applies only when forgery/falsehood is committed in relation to court proceedings.
Sachida Nand Singh v. State of Bihar	AIR 1998 SC 1121	Section 340 CrPC must be followed; private complaint not maintainable.
Pritish v. State of Maharashtra	(2002) 1 SCC 253	Preliminary inquiry under Section 340 is not a full trial.
Daulat Ram v. State of Punjab	AIR 1962 SC 1206	Bar under Section 195 applies to false evidence during court proceedings.
State of Haryana v. Bhajan Lal	AIR 1992 SC 604	Guidelines for invoking Section 482 CrPC in rare cases.

✅ Conclusion:

If you've been acquitted in a false case and want to prosecute the complainant or police officer:

✅ Step-by-Step:

File 340 CrPC application in the court where the false case was tried.
Attach supporting evidence of falsehood or fabrication.
If rejected, file a 482 CrPC petition in the High Court.
Justify delay, if any, and argue why prosecution is in public interest.

False Cases and Perjury: How to Legally Prosecute