Perjury

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PERJURY

WHAT IS PERJURY?

Perjury is the “willful and corrupt taking of a false oath in regard to a material matter in a judicial proceedings.” It is sometimes called “lying under oath” i.e., deliberately telling a lie in a courtroom after having taken an oath to tell the truth. It is important that the false statement be material to case at hand, means that false statement could effect the outcome of the case. It is not considered perjury, for example : to lie about age unless age is a key factor in proving the case.

Perjury can be used as a threat. Although, perjury is a very serious crime under state and Federal laws, and while prosecutors often threaten prosecution, the member of actual prosecution for perjury is tiny. The
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The allegation that, Zaheera Sheikh took money to retract her statement is open to judicial scrutiny. Witnesses turning hostile in several cases take not only the courts for a __ but Justice itself.

Zaheera Sheikh is not a only example of someone allegedly having committed “perjury” there are majority of cases in which witnesses give false evidence or retract their statements at a later stage, which results in the accused being acquitted.

If the Indian courts started taking action against falsehood the case of perjury would outnumber all other categories of cases. But the Best Bakery Case, as indeed the Jessica Lal Murder Case, have become high profile and are therefore being highlighted and discussed in detail.

Under section 191, of the Indian Penal Code, perjury is defined as “giving false evidence”. The person is prosecuted to have given false statement at some point, but hardly anyone, including legal experts, can recall a single case before Best Bakery Case and the Jessica Lal murder case in which a person was prosecuted for making a false statement before the court.

Under section 191 of the IPC, an affidavit is evidence and a person swearing to a false affidavit is guilty of perjury, which is punishable of imprisonment which may extend to seven years.

However, action against making a false statement should be
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