False affidavit in judicial proceedings can amount to perjury when a material fact is knowingly misstated.

An affidavit filed in judicial proceedings constitutes evidence for the purposes of false evidence provisions, and a knowingly false statement on a material fact in such an affidavit can amount to perjury under Section 193 of the Indian Penal Code. On the facts stated, the respondent's affidavit asserted that the age of the Chief Justice of India had not been determined by the President under Article 217, although the record showed that the issue had already been determined in 1991 and the respondent knew of that determination. The statement was therefore treated as prima facie false on a material matter, warranting initiation of prosecution.

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Issues: Whether the respondent's affidavit contained a false statement on a material fact so as to constitute perjury and justify initiation of a complaint under Section 193 of the Indian Penal Code.

Analysis: The respondent had filed a writ petition and supported it by affidavit asserting that the age of the Chief Justice of India had not been determined by the President of India under Article 217 of the Constitution of India. The record showed that the question of age had already been determined by the President in 1991 and that the respondent was aware of that determination from the earlier proceedings. The Court held that an affidavit filed in judicial proceedings is evidence within the meaning of the penal law relating to false evidence, and that a knowingly false statement on a material matter in such an affidavit attracts the offence of giving false evidence.

Conclusion: The statement made in the affidavit was prima facie false and amounted to perjury, warranting initiation of prosecution under Section 193 of the Indian Penal Code.

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