Allahabad High Court: Orders Action Against Lawyers for Perjury

• The Allahabad High Court has initiated criminal proceedings against two advocates for allegedly submitting false evidence.
• The Court ruled that the advocates' conduct prima facie attracted the offence of perjury under Section 199 of the IPC, which has since been replaced by Section 236 of the Bharatiya Nyaya Sanhita (BNS) as of July 1, 2024.
• Disciplinary action, including licence cancellation by the Bar Council of India, is also being pursued against the two lawyers.

The Court thus ruled that the advocates’ conduct prima facie attracted the offence of perjury under Section 199 of the Indian Penal Code (IPC) for submitting false evidence.

The Allahabad High Court has taken a firm stance against two advocates who allegedly submitted false evidence to mislead the court. In the case of Bareilly Development Authority v Ram Pal And 4 Others, a Division Bench comprising Justices Atul Sreedharan and Kshitij Shailendra observed that the advocates deliberately altered the contents of a land acquisition award to secure monetary benefits for their client.

The Court's ruling has significant implications for the legal profession in India. The judges noted that the advocates' conduct prima facie attracted the offence of perjury under Section 199 of the Indian Penal Code (IPC) for submitting false evidence.

The Court's decision to initiate criminal proceedings and disciplinary action against the two advocates is in line with the legal framework governing the conduct of lawyers in India. Under Section 340 of the Code of Criminal Procedure (CrPC), the Registrar General was directed to conduct an inquiry into the matter and file a complaint for perjury before the competent magistrate.

The Bar Council of India and the State Bar Council have also been informed about the advocates' unpardonable conduct, with the registrar general lodging complaints seeking cancellation of their licences. This move is aimed at upholding the integrity of the legal profession in India.

The Allahabad High Court's decision sends a strong message to lawyers and compliance officers about the consequences of submitting false evidence. The ruling highlights the importance of adhering to ethical standards in the legal profession, as lawyers who engage in such conduct can face criminal proceedings, including perjury charges. The former Section 199 of the IPC, which dealt with false statements in declarations, has been replaced by Section 236 of the Bharatiya Nyaya Sanhita (BNS) since July 1, 2024.

The move also underscores the need for lawyers to be aware of their responsibilities and obligations when representing clients before the court. As the Court observed, people approach courts today not because they want to but only because they have to, emphasizing the importance of upholding the integrity of the legal system.

Lawyers and compliance officers should be aware that submitting false evidence can lead to criminal proceedings, including perjury charges under Section 199 of the Indian Penal Code (IPC), and potential licence cancellation by the Bar Council of India.

Source: Original reporting via The Times of India