Sec 193 ipc
atul
(Querist) 18 May 2012
This query is : Resolved
WHAT IS CALLED JUDICIAL PROCEEDING IN SEC 193IPC.RECORDING OF STATEMENTS U/S 164CRPC IN COURSE OF POLICE INVESTIGATION IS JUDICIAL PRO OR NOT? AND IF SOMEBODY MAKES FALSE STATEMENTS U/S 164 CRPC HOW MUCH PUNISHMENT IS TO BE GIVEN...7 YEAR OR 3 YEARS.
PLS TELL ME WHAT WHY 7 OR 3 YEARS CLASSIFICATION IS MADE IN 193 IPC.
OBLIGED.
Shonee Kapoor
(Expert) 18 May 2012
Yes it can be upto 7 years or 3 years depending upon what statement he has given u/s 164CrPC.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
atul
(Querist) 18 May 2012
I WANT TO KNOW WHY 3 OR 7 YEAR CLASSIFICATION IS MADE.ACCORDING TO U IT IS ACCORDING TO THE IMPACT OF SUCH EVIDENCE THAT PUNISHMENT SUIT BUT AGAIN I WANT TO KNOW 7 OR 3 YEAR CLASSIFICATION IS MADE FOR WHAT.THERE IS SOME MINOR DOUBT LEFT.
PLS CLARIFY
Nadeem Qureshi
(Expert) 18 May 2012
Dear Querist
Section 193. Punishment for false evidence
Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine,
and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Explanation 1
A trial before a Court-martial; 1[* * *] is a judicial proceeding.
Explanation 2
An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.
Illustration
A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. A this enquiry is a stage of a judicial proceeding, A has given false evidence.
Explanation 3
An investigation directed by a Court of Justice, according to law, and conducted under the authority of a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.
Illustration
A, in any enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding. A has given false evidence.
CLASSIFICATION OF OFFENCE
Para I
Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.
Para II
Punishment—Imprisonment for 3 years and fine—Non-cognizable—Bailable—Triable by any Magistrate.
atul
(Querist) 18 May 2012
FOR ISSUING FALSE CERTIFICATE U/S 197 WHETHER THERE WILL BE ANY BAR TO PRIVATE COMPLAINT.
MohammedRaffiq Bijapur
(Expert) 18 May 2012
Hello Atul
There is no bar for initiation of proceedings on private complaint.
In ur case i think u have to refer Sec 190 & 197 of Cr P C.
dev kapoor
(Expert) 21 May 2012
Hi Atul,
Your qn has answerr inbuilt in the secytion itself.Read it:
Whoever intentionally gives false evidence in any stage of a JUDICIAL PROCEEDING, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to SEVEN YEARS, and shall also be liable to fine,
and whoever intentionally gives or fabricates false evidence IN ANY OTHER CASE case, shall be punished with imprisonment of either description for a term which may extend to THREE YEARS, and shall also be liable to fine.
Well,for example,if one makes a false statement on oath in enquiry conducted by a Revenue Officer regard land entry;regarding fiscal matters,regarding acquition proceedinf or by or before any authority not holding judicial proceeding,such person will be punished up to THREE YEARS & in other case of 'judicial proceeding,it is up to SEVEN YEARS'
atul
(Querist) 22 May 2012
thanks expert kapoor
