Penal Code, 1860 –Sec. 193–Prosecution for the offence of giving false evidence–Relevant considerations which should be kept in mind beore initiating the proceedings-
(i) The Court should be of a prima facie opinion that there exists sufficient and reasonable ground to initiate proceedings against the person who has allegedly made a false statement(s);
(ii) Such proceedings should be initiated when during the same is “expedient in the interests of justice to punish the delinquent’ and not merely because of inaccuracy in statement that may be innocent/immaterial;
(iii) There should be deliberate falsehood on a matter of substance;
(iv) The Court should be satisfied that there is a reasonable foundation for charge with distinct evidence and not mere suspicion;
(v) Proceedigs should be initiated in exceptional circumstances for instance when a party perjured themselves to beneficial order from the Court.
