False witness consequences

I also have this query. in the 498a case being faced by me currently, MIL said she was not examined by police. one more witness in divorce case also mentioned she was never examined. Police never took their signatuers on all 156(3) statements. i really want to punish them who spoiled my life becasue of extortion. Pl help me with your expert opinion.

The practices prevalent in the Courts in our country allows anyone to make a false deposition.

Originally posted by : Ravi
	I also have this query. in the 498a case being faced by me currently, MIL said she was not examined by police. one more witness in divorce case also mentioned she was never examined. Police never took their signatuers on all 156(3) statements. i really want to punish them who spoiled my life becasue of extortion. Pl help me with your expert opinion.

You are being advised in several other threads opened by you

I agree with P. Venu. There no effective remedy against false deposition in India. 

Perjury can be filed, but the success of same is dependent on many factors. Most important being "Expedient in the interest of Justice"

Regards,

Shonee Kapoor

www.shoneekapoor.com 

section 340 of crpc can be invoked to punish the persons for giving false evidece and perjury committed during the tril. It can also set into motion after the trial as there is no such limitation given in the section itself i.e 340 crpc. The only factor to be satisfied in court that it is required for the expedient for justice. 

There are very little case laws on this topic - this aspect speaks volume by itself. 

Originally posted by : Shonee Kapoor
	Perjury can be filed, but the success of same is dependent on many factors. Most important being "Expedient in the interest of Justice"   Regards,   Shonee Kapoor www.shoneekapoor.com

Mr. Shonee Kapoor,

"Expedient in the interest of Justice" - this is not the full paragraph that we should focus, Let's focus the full initial paragraph of CrPC 340

"When, upon an application made to it in this behalf or otherwise, any 

Court is of opinion that it is expedient in the interests 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,-"

These two highlighted alternatives we can understand clearly. 

a) Ether application is made by the accused

or

b) Court deem fit.

Hence your highlighted quotes only indicating option (b)

What about option (a) ???

It is said that "half truth is worse than a lie" 

is not it ?  

https://www.facebook.com/RockySmith4Calcutta/

Originally posted by : P. Venu
	The practices prevalent in the Courts in our country allows anyone to make a false deposition.

Agreeing with Mr. P. Venu,

Injustice prevails over justice in the temple of the justice 

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