Jury Instruction - False Declaration - Before Grand Jury
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FAQ
Perjury is considered a crime against justice, since lying under oath compromises the authority of courts, grand juries, governing bodies, and public officials. Other crimes against justice include criminal contempt of court, probation violation, and tampering with evidence.
Of course, making a false statement in an affidavit before a court amounts to an offence of perjury, which may be punished under Section 193 of the IPC or under other relevant sections. At the same time, deliberately making a false statement in an affidavit before a court may also amount to contempt of court.
All three criteria must be proved for conviction. Intention is most important. False evidence is said to be given intentionally, if, the person making the statement is aware or has knowledge that it is false and has deliberately used such evidence in a judicial proceeding with the intention of deceiving the court .
A person convicted of perjury under federal law may face up to five years in prison and fines. The punishment for perjury under state law varies from state to state, but perjury is a felony and carries a possible prison sentence of at least one year, plus fines and probation.
In New South Wales, perjury is governed by Section 327 of the Crimes Act and carries a maximum penalty of 10 years imprisonment. If the false statement is made in order to bring about a conviction or an acquittal, the maximum penalty is 14 years.
Lying, or making a false statement, is a federal crime under a number of circumstances.Perjury is also a federal crime. Perjury is a false statement made under oath before a federal tribunal or official. Moreover, some false certifications are punishable as perjury by operation of a federal statute.
False declaration means giving incorrect information on the value of a currency or bearer negotiable instruments being physically transferred across the border, or giving other incorrect related information required to be declared or provided through any other another means by the customs authorities.
In short, a false statement is perjury when it is made under oath or made under penalty of perjury. Two separate statutes define the crime of perjury under federal law.
Perjury can also be committed by knowingly signing or acknowledging a written legal document (such as affidavit, declaration under penalty of perjury, deed, license application, tax return) that contains false information. Perjury can be difficult to prove.