Making Contradictory Statements At Trial Isn’t An Offence By Itself: SC [Read Judgment]

It must be shown that false statement was intentionally given for the purpose of using the same at any stage of the judicial proceedings, the court observed.The Supreme Court in Amarsang Nathaji vs. Hardik Harshadbhai Patel, has said the mere fact that a person made a contradictory statement in a judicial proceeding was not by itself always sufficient to justify prosecution under Sections 199. The apex court said: There are two pre-conditions for initiating proceedings under Section 340 CrPC: materials produced before the court must make out a prima facie case for a complaint for the purpose of inquiry into an offence referred to in clause of sub-Section of Section 195 of the CrPC, and it is expedient in the interests of justice that an inquiry should be made into the alleged offence. The mere fact that a person has made a contradictory statement in a judicial proceeding is not by itself always sufficient to justify a prosecution under Sections 199 and 200 of the Indian Penal Code ; but it must be shown that the defendant has intentionally given a false statement at any stage of the judicial proceedings or fabricated false evidence for the purpose of using the same at any stage of the judicial proceedings. The court has to form an opinion that it is expedient in the interests of justice to initiate an inquiry into the offences of false evidence and offences against public justice and more specifically referred in Section 340 of the CrPC, having regard to the overall factual matrix as well as the probable consequences of such a prosecution Such an opinion can be formed even without conducting a preliminary inquiry, if the formation of opinion is otherwise possible On forming such an opinion in respect of such an offence which appears to have been committed, the court has to take a further decision as to whether any complaint should be made or not Only if the decision is in the affirmative, the court needs to make a complaint in writing and the complaint thus made in writing is then to be sent to a Magistrate of competent jurisdiction Under Section 343 of the CrPC, the Magistrate has to deal with the complaint referred to in Section 340 of the CrPC as if it was instituted on a police report.