A Kerala court has ordered the filing of a perjury complaint against film producer PS Shamnas after finding that he made false statements under oath in a dispute involving Action Hero Biju 2 and actor Nivin Pauly.
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KERALA: In a crucial development, a Kerala court has ordered the filing of a criminal complaint for perjury against film producer PS Shamnas. The order was passed after the court found that Shamnas made false statements on oath to secure registration of a cheating case against Malayalam actor Nivin Pauly and director Abrid Shine in connection with the film Action Hero Biju 2.
The case, titled Nivin Pauly v PS Shamnas, raises critical questions about abuse of criminal process in commercial disputes and reinforces the judiciary’s intolerance toward false affidavits.
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The order was passed by Judicial First Class Magistrate Court-I, Vaikom, presided over by Judge Archana K Babu, on January 12, 2026.
The court found that Shamnas had deliberately suppressed material facts while filing an affidavit along with an application under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), seeking a police investigation into allegations of cheating.
In his affidavit, Shamnas claimed that no other legal proceedings were pending between him and actor Nivin Pauly. However, the court noted that:
- A commercial dispute between the parties was already pending before the Commercial Court, Ernakulam
- An injunction order had also been passed against Shamnas in that matter
This directly contradicts his sworn statement before the Magistrate’s Court.
The Magistrate Court made strong observations, holding that Shamnas had committed fraud on the court to ensure registration of an FIR.
“The giving of false evidence amounts to practicing of fraud upon the court… it was manifest that the respondent had intentionally made a false statement or declaration when he was under a legal obligation to speak the truth in judicial proceedings,”
the court held.
The court further emphasized that such conduct undermines the authority of the judicial system and cannot be tolerated.
Taking cognizance of the false affidavit, the court ordered the filing of a formal criminal complaint against PS Shamnas under Section 379 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which deals with prosecution for offences affecting the administration of justice.
The court held that his conduct prima facie attracted offences punishable under Sections 229, 236 and 237 of the Bharatiya Nyaya Sanhita, 2023, relating respectively to giving false evidence, making a false declaration receivable as evidence, and using a false declaration as true.
The court observed that filing a false affidavit before a judicial forum attracts serious criminal liability under the new criminal law framework.
Background
The dispute arises from alleged disagreements over the distribution and production rights of Action Hero Biju 2.
Shamnas has alleged that he invested approximately ₹1.9 crore in the making of Action Hero Biju 2 and was assured official producer status along with a share in the film’s profits. He further claimed that despite this understanding, the makers of the film sold the distribution rights to a Dubai-based firm for about ₹5 crore without his knowledge or consent.
Based on these allegations, an FIR was registered against actor Nivin Pauly and director Abrid Shine for offences punishable under Sections 406 (criminal breach of trust), 420 (cheating) and 34 (common intention) of the Indian Penal Code.
Following registration of the FIR, Nivin Pauly and Abrid Shine approached the Kerala High Court seeking the quashing of the case.
The Kerala High Court had granted an interim stay on the trial proceedings in August 2025, which was subsequently extended after mediation efforts between the parties failed. The matter was heard again today, when Justice CS Dias further extended the interim stay on the proceedings.
The plea is listed on March 12, 2026, for further consideration before the trial court.
Appearance:
Actor Nivin Pauly: Advocates T Sukesh Roy and Meera Menon
