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babusingh (job)     25 November 2011

If the complaiant make the fabricated documents

If any complainant make fabricated documents then which procedure/way have to use for perfaction of evidences, Can accused come in trouble due to fabricated documents or any rules for Checking, Pls advise

and after chargesheet can we go for quash charge sheet in the high court??
Please advise


 9 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 November 2011

You can give appplication u/s 340 r/w 195 of CrPC to the concerned magistrate to prosecute the other party.





Shonee Kapoor

babusingh (job)     25 November 2011

Sir, What will step in this ACT Please Guide.




Section 195. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment


Whoever gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which 1[by the law for the time being in force in2[India] is not capital, but punishable with 3[imprisonment for life], or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished.

Padam (Lawyer)     25 November 2011

I agree with answer...

Nishith P Thakkar (lawyer)     26 November 2011

give an application in the court under 195 340 and pray for the legal steps for producing forged document in  the court.

accused can come in trouble if court believe the document as genuine. press to the court that contents  of the document are not proved and required to be proved. merely production of document is no proff of its internan discripttion. it has to be prove by leading evidence---see.secion 62 to 70  of evidence act.

complaint can be quash at any time , filling of charge sheet is no matter to come in between.

Nadeem Qureshi (Advocate/     26 November 2011

195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.


(1) No court shall take cognizance-



(i) If any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860), or


(ii) Of any abetment of, attempt to commit, such offence, or


(iii) Of any criminal conspiracy to commit, such offence,


Except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate;



(i) Of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any court, or


(ii) Of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any court, or


(iii) Of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub-clause (i) or sub-clause (ii), except on the complaint in writing of that court, or of some other court to which that court is subordinate.


(2) Where a complaint has been made by a public servant under clause (a) of subsection (1) any authority to which he is administratively subordinate may order the withdrawal of the complaint and send a copy of such order to the court; and upon its receipt by the court, no further proceedings shall be taken on the complaint:


Provided that no such withdrawal shall be ordered if the trial in the court of first instance has been concluded.


(3) In clause (b) of sub-section (1), the term "court" means a Civil, Revenue or Criminal Court, and includes a tribunal constituted by or under a Central, provincial or State Act if declared by that Act to be a court for the purposes of this section.


(4) For the purposes of clause (b) of sub-section (1), a court shall be deemed to be subordinate to the court to which appeals ordinarily lie from appeal able decrees or sentences of such former court, or in the case of a civil court from whose decrees no appeal ordinarily lies, to the principal court having ordinary original civil jurisdiction within whose local jurisdiction such civil court is situate:

Provided that-


(a) Where appeals lie to more than one court, the Appellate Court of inferior jurisdiction shall be the court to which such court shall be deemed subordinate;


(b) Where appeals lie to a Civil and to Revenue Court, such court shall be deemed to be subordinate to the Civil or Revenue Court according to the nature of the case or proceeding in connection with which the offence is alleged to have been committed.

Nadeem Qureshi (Advocate/     26 November 2011

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;


(b) In any other case, by the presiding officer of the court.


(4) In this section, "court" has the same meaning as in section 195

SURESH GODBOLE (ADVOCATE)     26 November 2011



May be errors in dates (verified by facts)

Forged signatures (verified by Handwriting Expets)

Wrongly Notarized ( cross verification with the notary that no such document was notarized)

Wrong Witnesses , their addresses , date of birth mentione , their Fathers name mentioned

And host of other things to be VERY VERY MINUTELY  OBSERVED AND THE discrepencies be brought to the notice of Honble Court  and alledged that the documents are forged and on these grounds and may be verified like this to prove your point

Court will have to give in

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 November 2011

Do you need any clarifications further, experts have given you detailed answers.



Shonee Kapoor

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