Perjury, as we have seen in cases like the Jessica Lal murder, can seriously subvert the course of justice, even while the perjurer is allowed to get away with impunity. As far as the law is concerned, there is no lacuna. Perjury is a penal offence under sections 193 to 195 of the Indian Penal Code. Section 195 (b) of Criminal Procedure Code prescribes that no court shall take cognisance of perjury under section 193 to 195 IPC except on the complaint in writing of the court. But the procedure is somewhat convoluted and long-drawn. Section 344 CrPC, however, provides an alternative summary procedure empowering the court of sessions or magistrate to try the witness summarily and sentence the perjurer to imprisonment, which may extend up to three months or a fine of Rs 500 or with both. But the provision is seldom resorted to by the courts. Indeed, the response of the courts in dealing with the serious problem of perjury has bordered on indifference.

In the US, in contrast, perjury under federal laws invites a sentence of five years imprisonment. In the state of New York, the sentence has been raised to 15 years. Several prominent people have been convicted for perjury in western countries, something that is unheard of in India. They include Jeffrey Archer, British novelist and parliamentarian, Jonathan Atkins, British politician and member of John Major’s cabinet, and, more recently, Lewis ‘Scooter’ Libby, former aide to US Vice President, Dick Cheney, who was convicted on two counts of perjury along with other offences in connection with Palme Affairs.

... contd.