Need guidance on perjury

Completely evaded answers.

Did she evade answers to the application of her husband in writing?        Then it's not perjury but forgery.       And this will be to your advantage.      You can prosecute her.

Did she evade answers in the Court Hall orally?     Then it's perjury.      You can't prosecute her.     You can only pray that the Court be pleased to prosecute her.      In other words that Court only can be the Complainant,       It's the discretion of the Court.     In my opinion, every perjury shouldn't be proceeded against.       

In case of forgery, you can prosecute her.      Section 195 of the Criminal Procedure Code is not attracted because the documents were forged before they were produced in the Court.     False signature is not the only criterion for forgery.      Giving false information too is forgery.

If the documents were forged after they were produced in the Court i.e. if they were forged while they were in the custody of the Court, you can't prosecute her for either forgery or pejury.       Section 195 comes into play and only can the Court prosecute.

Any further questions are welcomed.

Originally posted by : Amita
	Hello. Need some help. A divorce case has been going on for 4 years. The wife had filed an application for interim maintenance u/s 24, HMA. But she completely suppressed the material fact that she had been working (and at a very good salary) for over 5 years.  She continued to suppress it for over 2 years. In her response to the husband's application for production of documents, while she didn't directly say that she was not working and had no income, but completely evaded answers to the direct questions and never provided any information related to her job, business, income, etc. Nothing. Then the husband produced evidence of her job, salary, etc. 2 years ago and she had to accept, on oath, that the information provided by the husband was indeed true. Her interim maintenance application was then rejected and now the case is on Evidence stage. Question : Can the husband file Perjury on this basis ? The wife never provided any information and only gave evasive, misleading answers on oath before the Court. She even denied having any business of her own, only to accept later on Affidavit, after the husband produced an evidence of the same (she claimed that she didn't have any income from the business and so it had been shut down). Will all this be enough to initiate a case of Perjury against her ? Thanks Amita

Your own very able LOCAL senior counsel of unshakable repute and integrity specializing in Family matters and well versed with case record and having successful track record…. and worth his/her salt…..must have already responded to you.

Thank you for a detailed response, Reddi sir.

Yes, she completely evaded answers in her written submission before the Court, only to accept later (again, in writing) after the records of her job, salary, etc. were produced by the husband before the Court. In addition, she also lied of not having any business in her response, and later accepted of having such business via a sworn Affidavit.

Just so I understand clearly, would all this mean Forgery, and NOT Perjury ? Also, would we need to move an application of this nature first before the same Family Court ?

Thank you in advance.

It's forgery.

Family Court doesn't entertain the case.

A Complaint in a Criminal Court is necessary.

It can be filed by you in person or through an Advocate.     Or you can approach the police for Complaint by State.

Take Certified Copies of the false documents from the Family Court and attach to the Complaint.     The Court may take the Complaint on file without referring it to the police.

Thank you again, Reddi Sir.

I did some reading and it seems that making false statements would attract Sec. 463 through 466, IPC. Is my understanding correct ?

One more question : As I said earlier, she only lied directly once that she didn't have any business, only to confess later. Otherwise, it's just evasive and misleading statements (no direct responses) without any concrete information that she was supposed to provide via her response to an application for production of documents. She later had to accept all of it once evidence was produced by the husband.

Question : Would such evasive and misleading statements still be included within the meaning of "false statment" as envisaged in Sec. 463, IPC ?

Best Regards

Question 1:  463 is attracted.      466 is not.     468 in stead.

Question 2: Evasive and misleading statements must be in writing.     Oral statements won't do in the case of Forgery.

Yes, sir. She filed these statements as part of her WS in response to an application for production of documents by the husband. He then produced the evidence, after which she filed another Affidavit a few months later accepting the contentions and documents (job, income, IT return, etc.) he had submitted. FYI, all this was in 2015.

One thing : Sec. 463, IPC uses the phrases "intent to cause damage or injury" and "or to support any claim or title". All this was during the maintenance proceedings. Would her evasive, misleading and/or false statements satisfy the meaning of the abovementioned phrases from Sec. 463 ? Could we say something like it was her intent to claim maintenance by suppressing all the material facts before the Hon'ble Court ? Please note her application for interim maintenance was rejected after all this evidence came into light and she had no option but to accept the same.

Thank you again, kind sir. I truly appreciate it.

Understood, sir. I believe you meant to say that filing a private complaint of Forgery would be more appropriate and yield more productive results than Perjury.

Correct?

Have a great day ahead.

Your previous post.

There's one another clause which, I think, is appropriate.      .... to support any claim  .....

Your questions are very very nice.      I appreciciate your wisdom.

My above Reply is somewhat wrong.     I forgot that you already mentioned the clause.      I regret my mistake.

Perjury meaning in IPC - It was not disputed that an affidavit is evidence within the meaning of Section 191 of the Indian Penal Code and a person swearing to a false affidavit is guilty of perjurypunishable under Section 193 IPC.

Forgery meaning in IPC - Forgery means fraudulent making or alteration of any record, deed, writing, instrument, register, stamp, etc., to the prejudice of another man’s right. It is a false making of any written instrument for the purpose of fraud or deceit; including every alteration of or addition to a true instrument.

I think you are the woman who is asking.  A is added to a name of a baby when it is a girl.

Shri Ramoji Kumar told what perjury and forgery are.     But I'm unable to understand what he wanted to convey.

Amitaji.

You said, " Correct? "

Not correct.

Only is forgery appropriate for you, your Counsel or the police.    And, of course, for the husband.      Prosecution can, in fact, be initiated by any person.       No question of locus standi.     

 Perjury is appropriate only for the Court.       Only can the Court be the Complainant.       You can, however, urge the Court to prosecute her.      On the other hand, anybody can urge the Court.