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Jamai Of Law (propra)     10 December 2010

crpc 195 r/w 340 Wordings r discoraging..no hopes of perjury

Wordings of crpc 340 r/w 195 are very discouraging......

 

 

One can only finger point at the perjury offencees committed and also provide all proofs (material ones and documentary) But whatsoever the materiality of proofs provided!!!!.........the final call is taken by the court only whether to initiate any trial on perjury!!!!

 

 

This is really frustrating..........and making the system redundent and disfunctional!!!

 

 

Wordings in crpc 340 section (1) are

 

 

"(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...........such court may, after such preliminary inquiry, if any, as it (i.e. Hon . Court) thinks necessary :- (a)......"

 

 

What is the statistics of perjury trials in India? are there any convictions at least in murder related or POTA related trials?

 

 

It suggests that even preliminary enquiry is discretionary!!!...................................... convincing Judiciary/Hon Court to make a complaint in writing to Judicial magistrate, having the jurisdiction, is a far distant reality!!!especially in civil matters.....and very very bleak in civil matrimonial matters

 



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 1 Replies


(Guest)

Not only in civil matrimonial matters, but in all matters, our Judges have no inclination. I stopped advising my clients on these based upon my previous experience. Better don't waste time and energy.


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