Eye Witness

Querist : Anonymous (Querist) 06 May 2010 This query is : Resolved
Lnd. advocates,
Can eye witnesses be prosecuted if proved forged?
Thanks

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Raj Kumar Makkad (Expert) 07 May 2010
Definitely. Such witness can be prosecuted even under section 340 cr. P. C. by same court.

Daksh (Expert) 07 May 2010
Dear Anonymous,

The answer to your query is affirmative but there is a waiver that it would be a fresh case.

Best Regards

Daksh

B K Raghavendra Rao (Expert) 07 May 2010
False evidence should not be let go unpunished as it affects innocents. Eye witness who is either not so in reality or leads a false evidence could definitely be prosecuted under the Indian Penal Code.

Krishnamurthy Ramdas Iyer (Expert) 07 May 2010
punishable U/s 193 IPC

WHATSAPP 91-8075113965 (Expert) 08 May 2010
sirs,
i think, all of our experts are completely wrong !
because, eye witness or any other witness, to that matter, gives a statement to police u/s 161 crpc , which does not carry his signature.so, during trial, he can turn hostile and say completely against his previous statement.
NO LAW CAN PUNISH HIM.

giving false evidence u/s 193 IPC comes into picture, only when, a person says some thing against a document which carries his signature..eg..complaint.

sec. 340 crpc comes in to operation , only when, a forged document has been produced before a court.

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