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DerrickT   31 July 2017

Complaint against public servant for falsifying evidence

Hi Learned gentlemen,

 

I wish to know if a private complaint can be filed under Section 340 CrPC r/w Secton 195(1)(b) [under the blanket of placing fictitious documents on the record of a court's proceeding] 

Some facts of the matter:

- Perpetrator is a official of the Delhi Government

- He has knowingly added false document and submitted them as evidence in a proceeding case, by forging the signature in the said documents. 

- The original case is still proceeding; However the person whose signature has been forged is ready to testify either in person or through an affidavit that his signature was faked 

 

Is there a bar for private complaints that can be filed under this section (or any other relevant sections) against public servants?

From my understanding, prosecuting officials via an FIR or through PC Act  is not feasible, as it sanction of the state government is required, which may take forever.

However, a magistrate may be allowed to take cognizance of this matter as it involves perjury/false documents in evidence. I require more clarity on this,

If there are any preceedents where public officials who involve in blatant corruption have been prosecuted in this manner, kindly advice

 

Thanks in advance! 



Learning

 3 Replies

Ms.Usha Kapoor (CEO)     31 July 2017

... Read more at: https://www.livelaw.in/government-sanction-is-mandatory-to-investigate-a-public-servant-rules-supreme-court/... Read more at: https://www.livelaw.in/government-sanction-is-mandatory-to-investigate-a-public-servant-rules-supreme-cou......

Read more at: https://www.livelaw.in/government-sanction-is-mandatory-to-investigate-a-public-servant-rules-supreme-court/
... Read more at: https://www.livelaw.in/government-sanction-is-mandatory-to-investigate-a-public-servant-rules-supreme-court/... Read more at: https://www.livelaw.in/government-sanction-is-mandatory-to-investigate-a-public-servant-rules-supreme-cou......

Read more at: https://www.livelaw.in/government-sanction-is-mandatory-to-investigate-a-public-servant-rules-supreme-court/
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DerrickT   31 July 2017

Thanks for the reply, however I am not talking about investigating an official for corruption under CrPC 156(3),

I wish to know the scope of powers under 195(1)(b) which specifically deals with perjury by any person - ie filing forged documents in record of a proceeding. In this case the complaint is presented under Section 340 of the CrPC 

RAJ KISHORE VAISH (TEACHER CITIZEN OF INDIA)     20 May 2018

The court will take action on your applicaion u/s 340 of Cr.P.C..

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