V Kumar Singh (Executive) 13 April 2022

False statement by witness

Dear Learned Members,

I have been accused of demanding dowry. This is a false allegation. A witness (friend of wife's) gives false statement that I did demand dowry. Can my lawyer approach the witness (along with documentary evidences in my support) rebutting this witnesses' allegation, and convey to this witness that giving false evidence in court can lead to arrest/imprisonment. Or would such action on the part of my lawyer be construed as 'influencing witness' ? Request please advise.

Thank you.

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Quick Summary

A user is concerned about a false statement made by a witness in a dowry case. They are asking if their lawyer can approach the witness with evidence to counter the allegation and warn them about perjury. The advice given is that the lawyer cannot directly approach the witness, as this would be considered witness tampering. Instead, the lawyer should present the documentary evidence and challenge the witness's statement during cross-examination in court.

2 Replies

Shubham Bhardwaj (Advocate) 13 April 2022

Dear Mr Singh,

Your lawyer cannot apprach the witness. As rightly suggested by you, that would be influencing the witness, which is a punishable offence. Your lawyer will cross examine the witness. In the cross examination put those document to the witness. The witness will concede. This is the proper way of doing it.

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

Disclaimer:- Opinion is only for guidance.

P. Venu (Advocate) 13 April 2022

Yes, you are trying to be hyperactive. Please note that there is a alid down procedure; it would be counter productive to be wiser than the law and its procedure.

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