ipc 200
Querist :
Anonymous
(Querist) 10 November 2010
This query is : Resolved
is it possible to file a complaint u/s 200 of ipc on wife wich have filed false allegations on oath?
Guest
(Expert) 10 November 2010
KINDLY NOTE THAT ALL COMPLAINTS ARE TO BE PROVED IN THE COURT AS PER CRPC AND INDIAN EVIDENCE ACT.
UNLESS YOU HAVE SUFFICIENT EVIDENCE KINDLY KEEP COOL AS MOST OF THE ACTS ARE IN FAVOUR OF MARRIED WOMEN .KINDLY DO NOT INVITE TROUBLE.INSTEAD GET THE SAID FALSE COMPLAINT QUASHED FROM HIGH COURT BY FILING WRIT PETITION .YOU MAY WRITE AND SEND DETAILS WILL HELP YOU.GOOD LUCK.
bhupender sharma
(Expert) 10 November 2010
Of course, it can be filed it depends upon the facts of the case what declaration is false and the same has been used as true there ought to have been some material contradiction of the specific declaration.
Devajyoti Barman
(Expert) 10 November 2010
yes it can be filed . But if it is for the offences of perjury then t is to be fled in the same court where the false statement on oath and not u0s 200 but u0s 340 of crpc.
Guest
(Expert) 10 November 2010
Mr.Anonymous,
Please go through the provisions of section 195 (1) (b)(i) of Code of criminal Procedure 1973. If you believe that there is sufficient evidence to prove your allegation on court`s file than made a complaint to court in which the matter is pending with prayer of obtaining order to file complaint by court, the relevant provision is as below :-
Sec. 195 -(1) No court shall take cognizance -
(a) ....
(b) (i) of any offence punishable under any of the following sections of Indian Penal Code(45 of 1860 ) , namely section 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) ....
(ii) ...
except on the complaint in writing of that court, or of some other court to which that court is subordinate.
Advocate. Arunagiri
(Expert) 10 November 2010
File a petition u/s 340 cr.p.c before the court, before which the oath was taken and false evidence given by your wife.
