12 November 2010
Section 209. Dishonestly making false claim in Court
Whoever fraudulently or dishonestly, or with intent to injure or any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.
Section 24. Dishonestly
Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing "dishonestly".
Section 25. Fraudulently
A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.
Section 40. Offence 1[40 "Offence".
Except in the 2[Chapters] and sections mentioned in clauses 2 and 3 of this section, the word "offence" denotes a thing made punishable by this code.
In Chapter IV, 3[Chapter V A] and in the following sections, namely Sections 4[64, 65, 66, 5, 71], 109, 110, 112, 114, 115, 116, 117, 187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224, 225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, the words "offence" denotes a thing punishable under this Code, or under any special or local law as hereinafter defined.
And in Sections 141, 176, 177, 201, 202, 212, 216 and 441, the word "offence" has the same meaning when the thing punishable under the special or local law is punishable under such law with imprisonment for a term of six months or upwards, whether with or without fine.]
sir--- fact is as under- wife has made totally false allegation with false list of stridhan of jewellery and utensils.
wife cannot prove cruelty and dowery given at any stage of process of law.
wife is not ready/willing to live with husband.
wife is demanding maintenance p.m. rs. 10000/- and rs. 200000/- as compensation.
is it possible to apply a compalint against her and her parents and her lawyer to cheating fradulantly and dishonestly in the process of law to court as well as husband asper the offence section give in 40 of ipc?
Wrongful gain" is gain by unlawful means of property which the person gaining is not legally entitled.
"Wrongful loss" is the loss by unlawful means of property to which the person losing it is legally entitled.
Gaining wrongfully, losing wrongfully
A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property as well as when such person is wrongfully deprived of property.
further is query that to be read with this section of wrongful gain.
please discuss more and more on honesty and diihonesty by wife with matrimoniol duties towards husband family who is running away from matrimonial duties and responsibilities.
12 November 2010
“Wrongful gain” and “wrongful loss” 23. “Wrongful gain” is gain by unlawful means of property to which the person gaining it is not legally entitled; “wrongful loss” is loss by unlawful means of property to which the person losing it is legally entitled. Explanation.—A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property. [Indian PC 1860, s. 23]
13 November 2010
All the false allegations are not false evidences. Only if the false statement is given on oath, (either as witness or through affidavit), you can file a petition u/s 340 cr.p.c. It is upto the trial court to decided whether to initiate prosecution or not. Even if the false evidence is given you can initiate a private complaint. Only the presiding officer of that court can order for prosecution. Please read cr.p.c 340 and 195 1 B & 193 IPC.