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Abdul Azeem
LLB (Hons) LLM
Perjury in Pakistan
Perjury in Pakistan is the most underused, yet one of the most widely mentioned crimes! It is one of the few offenses that is mentioned simultaneously in the Civil Procedure Code, Pakistan Penal Code, Criminal Procedure Code, and other laws, yet people do not utilize it as much as they should.
Perjury is a criminal act that occurs when someone provides false information while under oath in a legal proceeding. This can include lying about facts or events, withholding information, or making a false statement.
“If it appears to court that a forgery or perjury has been committed in relation to any proceedings before it, it is its duty to consider why the person concerned should not be prosecuted, and if there is no good reason, why [they] should not be prosecuted, to take prompt and adequate action, so that an impression is not created that anyone can divert or abuse the process of law by falsehood or fabrication and still run no risk of coming to harm.”
PLD 1963 Lahore 20
What is Perjury in Pakistan?
Perjury is the act of intentionally lying while under oath in a court of law or in a legal proceeding, such as a deposition or a sworn statement. The key element of perjury is that the individual must know that the statement they are making is false and they must have the intent to deceive.
Giving false evidence, either in the form of documents or as a statement, is also a serious offense that can have severe legal consequences. In this article, we will explore what constitutes perjury and giving false evidence, the legal implications of such behavior, and the potential defenses against these charges.
“Hearsay evidence cannot be the subject of a prosecution for perjury”
AIR 1936 Lahore 826
What is giving false evidence?
Giving false evidence is similar to perjury in that it involves intentionally providing false information in a legal proceeding. However, giving false evidence can take different forms, including providing false documents (i.e., by forgery) or making false statements that are not given under oath.
The penalties for giving false evidence can also vary depending on the jurisdiction and the severity of the offense. In general, giving false evidence is considered a serious offense and can result in significant fines and (in some cases) imprisonment.
“The superior courts are duty bound to consider objectively the expediency and the interest of justice for taking action u/s 476 CrPC [perjury] specially when an advocate on the roll of the high court has placed on record attested copies of the statement and the affidvit as false”
PLD 1981 SC (AJ&K) 86
Defenses Against Perjury and Giving False Evidence Charges
If you are facing charges of perjury or giving false evidence, there are several defenses that may be available to you. For example, you may be able to argue that you did not have the intent to deceive or that the false statement was made unintentionally.
In addition, if the prosecution cannot prove that you acted with intent or that the false statement had a material impact on the outcome of the legal proceeding, the charges may be dropped. It is important to work with an experienced criminal defense attorney, like ours, if you are facing charges of perjury or giving false evidence.
“Perjury being one of the most heinous social and moral offence, and against injunction of Qur’an, courts should not take light or lenient view of case of perjury. Award of stifle sentence desired”
PLD 1986 SC 6
Speak to us about your Perjury matter today
Perjury and giving false evidence are serious criminal offenses that can have significant legal consequences. It is important to understand what constitutes perjury and giving false evidence and the potential defenses against these charges.
Our criminal lawyers in Pakistan can help you understand your legal rights and options and can help you develop a strong defense strategy. To get in touch, simply fill out our form below or contact us via call or WhatsApp at 0092 308 5510031.
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