false evidence
kuldeep kumar
(Querist) 09 July 2011
This query is : Resolved
if a person gives false evidence and person agaist whom is given is not convicted can he be booked for giving false evidence(if yes under what section of ipc). and if false evidence is given in a case which is punishable with less than 7 years imp then which section he come under(can he come under 193). under second part of sec 193 it says 3 years if in any other case(does it talk about case provided for in sec 181 ipc)...
adv. rajeev ( rajoo )
(Expert) 09 July 2011
If false is given by the complainant against the accused in a criminal case, court can suomoto initiate legal proceedings against such person.
Advocate. Arunagiri
(Expert) 09 July 2011
For giving the false evidence, you can not book him. Only the concerned court can order for prosecution.
File a petition u/s 340 cr.p.c. before the court where the false evidence was given.
Ravikant Soni
(Expert) 09 July 2011
i ll go with Arunagiri Sir...
PALNITKAR V.V.
(Expert) 09 July 2011
For offence of perjury it is not necessary that an accused should be convicted. An accused may get acquittal on the basis of false evidence. And normally that happens! Hence, you can move the court for taking action for perjury.
Raj Kumar Makkad
(Expert) 09 July 2011
If a person gives false evidence in a judicial case then he can be booked under section 193 IPC irrespective of the facts the accused (now complainant) was convicted or acquitted. The punishment in such case is 7 years.
Second part of section 193 is applicable in the cases wherein false evidence was produced but the case was not with judiciary but with some other authority like Revenue Authorities, various offices etc. In this matter punishment is lesser viz. 3 years.
prabhakar singh
(Expert) 09 July 2011
IF YOU ARE ACQUITTED OF A FALSE PROSECUTION,THE PROPER REMEDY YOU HAVE
IS TO SUE FOR FALSE AND MALICIOUS
PROSECUTION PRAYING DAMAGES FROM THE COURT.
