All India Bar Examination (AIBE) 17-XVII Previous Year Question Papers with Answers

The correct option is A: Perjury Application can be filed.

Perjury is the offence of giving false evidence or making false statements in a judicial proceeding. It is punishable under sections 191 to 203 of the Indian Penal Code, 1860 (IPC). Section 340 of the Code of Criminal Procedure, 1973 (CrPC) provides the procedure for filing a perjury application before the court where the offence is committed or by a superior court. The court has to satisfy itself that it is expedient in the interest of justice to initiate an inquiry into the offence and make a complaint in writing to the magistrate having jurisdiction. The magistrate will then conduct the trial according to law.

If someone lies before the court on affidavit, the advocate or any party can file a perjury application under section 340 of the CrPC, bringing to the court's notice the commission of the offence. The application should contain the details of the false statement, the evidence to prove its falsity, and the intention of the person who made it. The application should also show how the false statement has affected the administration of justice or the rights of the parties.

The other options are incorrect and not advisable. B: Withdraw from the case. This option is not a remedy for perjury and may amount to professional misconduct by the advocate. C: File application to support that. This option is also not a remedy for perjury and may implicate the advocate in the offence of abetting or fabricating false evidence. D: Pay the fine for the same. This option is not a consequence of perjury and may be construed as an admission of guilt or an attempt to bribe the court.