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Discussion > Criminal Law > IPC > False Affidavit   Unanswered Threads Post New Topic

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There are 6 Replies to this message


giridhar


Officer
[ Scorecard : 24]
Posted On 20 October 2010 at 21:29 Report Abuse

Hello Sirs,

 

My neighbour deliberately sworn to a false affidavit and by suppressing the material

fact mislead the Court in order to obtain exparte interim orders behind my back without leaving the side set back. The Court has given a verdict to remove the structure. Can I file a suit against him under IPC.



Online certification courses in IP, IT and Social Media laws


Member (Account Deleted)


None
[ Scorecard : 5012]
Posted On 20 October 2010 at 21:54 Report Abuse

 

 Dear giridhar,

Yes ,you can file case against him if your neighbour deliberately sworn to a false affidavit and by suppressing the material.

 

Section 191 of Indian Penal Code provides

"Whoever being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence"

Ingredients of this section:
The accused was bound legally by an oath or by an express provision of law to state the truth or make a declaration upon any subject.
He made such a statement or declaration.
He made it intentionally.
He knew or believed it to be false or did not believe it to be true.
It must be made in a judicial proceeding at any stage.

 

The offence is a bailable offence and is triable by a Magistrate of First Class.

 

Punishment:
Imprisonment for 7 years and fine.

What is you case ?



Total thanks : 1 times


Member (Account Deleted)


JUDGES JUDGE
[ Scorecard : 129]
Posted On 20 October 2010 at 23:49 Report Abuse

Unfortunately Indian Courts don't take much cognizance of false affidavits,perjury etc. E.G Zaheera Sheikh case in Gujarat. Perjury was taken into account only after hard political pressure.



adv. rajeev ( rajoo )


practicing advocate
[ Scorecard : 35287]
Posted On 21 October 2010 at 06:32 Report Abuse

Yes you can file the criminal case by private complaint.  You take the certified copy of the affidavit filed by your neighbour .

When you had appeared in the court why you didn't try to contest the suit, whate you were doihg.  In that suit you could have proved that false affidavit is filed bys the neighbour and plaintiff has misguided the court.  It is wonder how come court passed an order of removal of structure.  It shows that you have not contested the case.



DR.SANAT KUMAR DASH


Eye Specialist
[ Scorecard : 1067]
Posted On 21 October 2010 at 09:21 Report Abuse

You     should     have    raised      the   question     of   False    Affidavit    in   the   trial     Court......................However now     also     raised     the     same     in    the   Appellate     Court.   



DR.P.L.NAWALKHA


COUNSELLING CANCER
[ Scorecard : 148]
Posted On 21 October 2010 at 11:25 Report Abuse

IN THIS COUNTRY,LAW ABIDING CITIZEN IS ALWAYS A LOSER IN MATERIALIST GAINS. JUDICIARY IS NOT ONLY RESPONSIBLE BUT A PARTY TO IT. I WOULD PLACE AN EXAMPLE. IN 1969,I APPLIED FOR RAJ HOUSING BOARD ALLOTTMENT OF HIG HOUSE PRICED NEARLY 1.10 LAKH FOR 40X90/50X90 WITH INSTALMENT PAYMENTS. SINCE THERE WAS WRITTEN BINDING THAT YOU ARE ENTITLED ONLY IF YOU DONOT HAVE ANY HOUSE IN THE NAME OF APPLICANT/SPOUSE. I DEFERRED APPLICATION AS I HAD A HOUSE IN MY SPOUSE NAME .                                                                         AFTER MANY YEARS THESE FACTS WERE UNRAVELLED IN PRESS THAT MANY JUDICIARY OFFICERS/JUDGES/BUREAUCRATES WERE ALLOTTED RHB HOUSES BASED ON  FALSE AFFIDAVITS. THIS WAS RELEASED IN PRESS TOO. NO COURT TOOK COGNIZANCE OF THIS VIOLATION OF LAW OF LAND BY JUDGES./ADMINISTRATORS .TODAY THE PRICE OF THOSE HOUSES ARE BETWEEN 2 TO 3 CRORES..    THIS IS THE POSITION OF STATUS OF AFFIDAVIT,SIGNIFICANCE OF AFFIDAVIT. MANY OF FRIENDS FROM AMONG THESE SERVICES SAY IN CASUAL WAY THAT FOOLS ONLY FOLLOW SUCH BINDINGS. I HAVE NO REGRETS FOR FOLLOWING LAW OF THE LAND. I AM A HAPPY MAN LIVING IN PEACE WITH REASONABLE COMFORTS BY THE GRACE OF GOD. I AM JUST HIGHLIGHTING THE LAW ENFORCING STRENGTH OF AFFIDAVIT. IT IS NOT AFFIDAVIT.IT IS THE RULER/JUDICIARY ,CUSTODIAN OF LAW,IF CORRUPTED,AFFIDAVIT IS A WASTE PAPER PIECE ONLY.



Ravikant Soni


LAWYER IN JAIPUR
[ Scorecard : 3577]
Posted On 23 October 2010 at 21:49 Report Abuse

You should file an application u/s 340 of Cr.P.C. and follow its procedure.........

 

PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

340. Procedure in cases mentioned in Section 195.- 

(1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interest of Justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of Section 195, which appears to have been committed in or in relation to a proceeding in that Court, or as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,--

(a) record a finding to that effect;

(b) make a complaint thereof in writing;

(c) send it to a Magistrate of the first class jurisdiction;

(d) take sufficient security for the appearance of the accused before such Magistrate or if the alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate, and

(e) bind over any person to appear and give evidence before such Magistrate.

(2) The power conferred on a Court by sub-section (1) in respect of an offence may, in any case where that Court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub-section (4) of Section 195.

(3) A complaint made under this section shall be signed-

(a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;

(b) in any other case, by the presiding officer of the Court.

(4) In this section, "Court" has the same meaning as in Section 195.

 

see also -----------

 

 

195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.- 

(1) No Court shall take cognizance- 

(a) (I) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code,(45 of 1860) or 

(ii) of any abetment of, or attempt to commit, such offence, or 

(iii) of any criminal conspiracy to commit such offence, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate; 

(b) (I) of any offence punishable under any of the following sections of the Indian Penal Code,(45 of 1860) namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or 

(ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or 

(iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub-clause (I) or sub-clause (ii), except on the complaint in writing of that Court, or of some other Court to which that Court is subordinate.

(2) Where a complaint has been made by a public servant under clause (a) of sub-section (1) any authority to which he is administratively subordinate may order the withdrawal of the complaint and send a copy of such order to the Court; and upon its receipt by the Court, no further proceedings shall be taken on the complaint: 

Provided that no such withdrawal shall be ordered if the trial in the Court of first instance has been concluded. 

(3) In clause (b) of sub-section (1), the term "Court" means a Civil, Revenue or Criminal Court, and includes a tribunal constituted by or under a Central, Provincial or State Act if declared by that Act to be a Court for the purposes of this section.

(4) For the purposes of clause (b) of sub-section (1), a Court shall be deemed to be subordinate to the Court to which appeals ordinarily lie from the appealable decrees or sentences of such former Court, or in the case of a Civil Court from whose decrees no appeal ordinarily lies, to the Principal Court having ordinary original civil jurisdiction within whose local jurisdiction such Civil Court is situate:

Provided that- 

(a) where appeals lie to more than one Court, the Appellate Court of inferior jurisdiction shall be the Court to which such Court shall be deemed to be subordinate; (b) where appeals lie to a Civil and also to a Revenue Court, such Court shall be deemed to be subordinate to the Civil or Revenue Court according to the nature of the case or proceeding in connection with which the offence is alleged to have been committed.




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