{"id":87681,"date":"2016-11-25T09:27:21","date_gmt":"2016-11-25T03:57:21","guid":{"rendered":"http:\/\/www.scconline.com\/blog\/?p=87681"},"modified":"2016-12-12T18:02:59","modified_gmt":"2016-12-12T12:32:59","slug":"merely-making-contradictory-statement-in-a-judicial-proceeding-is-not-by-itself-always-sufficient-to-justify-a-prosecution-under-sections-199-and-200-ipc","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2016\/11\/25\/merely-making-contradictory-statement-in-a-judicial-proceeding-is-not-by-itself-always-sufficient-to-justify-a-prosecution-under-sections-199-and-200-ipc\/","title":{"rendered":"Merely making contradictory statement in a judicial proceeding is not by itself always sufficient to justify a prosecution under Sections 199 and 200 IPC"},"content":{"rendered":"

Supreme Court<\/strong>: Dealing with the scope of initiating the proceedings under Section 340 CrPC, the Court said that 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 IPC 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. It was further added that even after the above position has emerged, the court has to form an opinion that that such an inquiry is required in the interests of justice and appropriate in the facts of the case.<\/p>\n

Explaining the provision under Section 340 CrPC, the Court said that there are two pre conditions for initiating proceedings under Section 340 CrPC:<\/p>\n