The Supreme Court in Amarsang Nathaji vs. Hardik Harshadbhai Patel, has said the mere fact that a person made a contradictory statement in a judicial proceeding was not by itself always sufficient to justify prosecution under Sections 199 and 200 of the Indian Penal Code. The apex court said 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 also explained the procedure contemplated under Section 340(1) of the Code of Criminal Procedure.
Article referred : http://www.livelaw.in/defendant-making-contradictory-statements-trial-isnt-offence-sc/
Article referred : http://www.livelaw.in/defendant-making-contradictory-statements-trial-isnt-offence-sc/
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