False reply by accused in criminal case
BALKRISHAN
(Querist) 11 October 2014
This query is : Resolved
THE ACCUSED IN A CRIMINAL CASE GAVE REPLY WHICH IS FALSE. LIKE REFUSING THE ACCUSED STAYED AT PARTICULAR PLACE, NOT GIVING RESD. ADDRESS (GIVES OFFICE ADDRESS ONLY), KEEP STALKING COMPLAINAINT.
NOW THE QUESTION IS HOW TO PROVE IT IN COURT. IN COURT THE ACCUSED CLEARLY REFUSE. BUT OUTSIDE THE COURT DO THE SAME OFFENCE, AGAIN AND AGAIN.
I SURPRISE, IN COURT , IT IS SO EADY TO SPEAK LIE / GIVE FALSE STATMENT VERBALLY / IN WRITING?
PLS. ADVICE SOME USEFUL TIPS.
THANKS
Dr J C Vashista
(Expert) 11 October 2014
Give suggestion for the correct address, confront "some" evidence (on which you claim her falsehood).
Just provoke her to speak the truth, if not in Court let it be outside, that may be recorded and confronted.
Sunil S Nair
(Expert) 11 October 2014
If the accused is persistence in his act it is good to collect evidence of his act and prove it in court
ajay sethi
(Expert) 11 October 2014
your lawyer would do the needful
Rajendra K Goyal
(Expert) 11 October 2014
Well planned cross questioning by your lawyer may reveal the truth.
BALKRISHAN
(Querist) 11 October 2014
Thanks sir for valued advice.
Is there any provision, where the complainant can request the court to direct on ground investigation, to establish the facts?
If any possibility, then how to request court, is there any section?
Thanks,
Regards
balkrishan
Nadeem Qureshi
(Expert) 14 October 2014
if you think that the opposite party given false statement/evidence before court then file a complaint u/s 340 of Cr.P.C against opposite party, the court have power to conduct preliminary inquiry regarding the matter and if satisfied with your complaint and get some evidence in inquiry the the court may transfer you complaint to concerned magistrate and your complaint will be registered as an complaint and that will be tried as fresh complaint against the opposite party.
340. Procedure in cases mentioned in section 195.
(1) When upon an application made to it in this behalf or otherwise any court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that court, such court may, after such preliminary inquiry, if any, as it thinks necessary,-
(a) Record a finding to that effect;
(b) Make a complaint thereof in writing;
(c) Send it to a Magistrate of the first class having jurisdiction;
(d) Take sufficient security for the appearance for the accused before such Magistrate, or if the alleged offence is non-bailable and the court thinks it necessary so to do send the accused in custody to such Magistrate; and
(e) Bind over any person to appear and give evidence before such Magistrate.
(2) The power conferred on a court by sub-section (1) in respect of an offence may, in any case where that court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the court to which such former court is subordinate within the meaning of sub-section (4) of section 195.
(3) A complaint made under this section shall be signed, –
(a) where the court making the complaint is a High Court, by such officer of the court as the court may appoint;
1[(b) in any other case, by the presiding officer of the court or by such officer of the Court as the Court may authorise in writing in this behalf.]
(4) In this section, “court” has the same meaning as in section 195.
T. Kalaiselvan, Advocate
(Expert) 16 October 2014
The circumstantial evidences can be gathered to confront the accused in the court proceedings on that basis to put pressure on him while deposing evidence, discuss with your lawyer about the strategy and decide next course of action.
