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august 2024

Supreme Court of India · 2024-08-13

James Kunjwal vs The State Of Uttarakhand

Citation / case number
2024 INSC 601
Court
Supreme Court of India
Petitioner
James Kunjwal
Respondent
The State Of Uttarakhand
Author
Sanjay Karol
Bench
Sanjay Karol, B.R. Gavai

Judgment text excerpt

The Supreme Court addressed the appeal against the High Court's order which directed the filing of a complaint for perjury under Section 193 IPC against the appellant for submitting a false affidavit. The Court held that mere denial of allegations in affidavits does not amount to perjury, emphasizing that a complaint under Section 195(1)(b) of the Code of Criminal Procedure, 1973 is not mandatory unless deemed expedient in the interest of justice. The appeal was allowed, and the High Court's direction was set aside, reinforcing the principle that not all contradictory statements in affidavits constitute an offense under IPC.

James Kunjwal vs The State Of Uttarakhand · Niyam