Application for perjury as per crpc 340

Querist : Anonymous (Querist) 05 December 2011 This query is : Resolved
Dear Sir,

Where shall I file the application for perjury as per Crpc 340, for false affidavit filed by the plaintiff who himself is an advocate.

Also please guide for some stringent measures which could be taken if an advocate himself files a false affidavit to force a civil case on common masses to harass them.

The civil suit is in progress in faridabad court.

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Devajyoti Barman (Expert) 05 December 2011
You have to file the petition u/s 340 crpc in the same court where the other side has allegedly filed false affidavit.

However bear in mind also that every false affidavit does not fall under the purview pf section 195 IPC.

Rajeev Kumar (Expert) 05 December 2011
Agree with Barman

Advocate. Arunagiri (Expert) 05 December 2011
You can file a petition u/s 340 cr.p.c. along with sufficient proof. Filing a false affidavit is punishable u/s 193 IPC.

IPC 193. Punishment for false evidence —
Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine, and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Explanation 1 — A trial before a Court-martial; is a judicial proceeding.