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limitation period for perjury


Dear Expert, Kindly resolve the following query :-

Wife main petition filed u/s 125 crpc disposed against husband, by Family Court. Husband challanged the family court order in High Court, still pending. Wife's advocate filed Vakalatnama in High Court case and contesting it. After wards, Wife filed recovery case u/s 125(3) crpc and lie on oth. Husband have proof of her lie's. Now husband want's to file perjury case u/s 340 crpc rws 195 crpc and 182/211, 191, 192, 193, 197, 420 ....etc IPC. My question is as follows :

1). What is the limitation period for filing case u/s 340 crpc rws 195 crpc ?

2). Whether their is a limitation period for case u/s 182 and 211 IPC ?

3). Whether Husband can present case In-Person or done only by advocates ?

4). Whether such cases are maintainable and success rate in it ?

Please reply and help urgently.

Regards

DVK

 
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Senior Managing Partner

1. In your case, the matter is pending in which the wife has committed perjury. So, there is no limitation, you may file complaint u/s 340 to the court where she has committed perjury.

2. Limitation is stated in Sec 468 below.

3. husband can appear. There is no bar, but advisable to engage a diligent advocate who is well experienced in such matters.

4. There have been successful cases in the past. But why bother about the Past ? Be the First One. Be brave and win.

CrPC 468: Section 468 of the Criminal Procedure Code

Bar to taking cognizance after lapse of the period of limitation

  1. Except as otherwise provided elsewhere in this Code, no Court, shall take cognizance of an offence of the category specified in Sub-Section (2), after the expiry of the period of limitation.
  2. The period of limitation shall be-
    1. six months, if the offence is punishable with fine only;
    2. one year, if the offence is punishable with imprisonment for a term not exceeding one year;
    3. three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
  3. For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment. 

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N.A

Originally posted by : D V K KUMAR

Dear Expert, Kindly resolve the following query :-

Wife main petition filed u/s 125 crpc disposed against husband, by Family Court. Husband challanged the family court order in High Court, still pending. Wife's advocate filed Vakalatnama in High Court case and contesting it. After wards, Wife filed recovery case u/s 125(3) crpc and lie on oth. Husband have proof of her lie's. Now husband want's to file perjury case u/s 340 crpc rws 195 crpc and 182/211, 191, 192, 193, 197, 420 ....etc IPC. My question is as follows :

1). What is the limitation period for filing case u/s 340 crpc rws 195 crpc ?

When your case is still pending. How the question of limitation aries?

2). Whether their is a limitation period for case u/s 182 and 211 IPC ?

3). Whether Husband can present case In-Person or done only by advocates ?

If you wish you can represent yourself in person 

4). Whether such cases are maintainable and success rate in it ?

Depends how you present your case. Everybody knows no court wants to take action in perjury, you have to insist


Please reply and help urgently.

Regards

DVK

 


Total likes : 2 times

 
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Bangalore

You can argue your case before a court of law, but not for your father or son, who have to engage a lawyer. As a power of attorney holder for someone, you may sign sale deeds and agreements on his behalf, but you cannot argue for him in a court of law unless specifically permitted. The Supreme Court has ruled that except for petitioner in person, no one other than advocates are permitted to argue cases on behalf of others. Even officials cannot argue a case in court on behalf of the company in which they are employed, it said.   "A natural person can, of course, appear in person and argue his own case personally but he cannot give a power of attorney to anyone other than a person who is enrolled as an advocate to appear on his behalf," ordered a bench of Justices Markandey Katju and Gyan Sudha Misra in an order last week. "To hold otherwise would be to defeat the provisions of the Advocates Act," the bench said ruling out an ailing person giving power of attorney to his son to argue a petition filed by him in a court. Even allowing a person to argue his case before a court is not a matter of right. "It is a discretion conferred by the Act on the court to permit anyone to appear in a particular case even though he is not enrolled as an advocate," it said. That said, you should be aware of certain difficulties that you may face. No doubt, you would be the master of the facts of your case. But, you should also have a working knowledge of law, procedures and to some extent, the court-craft. If you don’t know the procedural and legal nuances, you may lose on important points. The courts have become slave to their own procedures. These procedures are required to followed mechanically even if they may appear to be ridiculous or obsolete. And, there are too many of them. Courts won’t allow you to digress from the established procedures. Even for filing a petition, there is a set procedure which may differ from court to court. Just to give an example, in Supreme Court, each annexure has be certified as true copy on its last page; in Delhi High Court each annexure has to be certified as true copy on each page; and, in Central Administrative Tribunal, each annexure has to be certified as true copy on the first and last page. So, you must know what to do where, otherwise you’ll have to keep spending your time and energy in curing the defects of filing, etc. After all, time also has some value in terms of money. This is just one requirement, there are so many others in each court. You’ll have to learn these by trial and error. This is not to scare you, but to caution you of the difficulties. As it is said, practice makes a man perfect. By continuously practicing in a court, advocates acquire knowledge of the law and procedures in a court. If you want to fight your own case, you’ll have to learn the tricks of the game from square one and will have to master those skills quite fast, since you are learning at the cost of your own case. You should also be aware that many of the presiding officers in the courts (i.e., the judges) may not look at the party in person in a favourable way. This is because a party in person may take extra time and say many unnecessary things and may not know the law and procedure; so, many judges lose patience. At the same time, I have seen some good judges who give a sympathetic hearing to a party in person. So, it all depends. Thus, if you have an aptitude for law (and, more so, if you have a degree in law), go ahead and fight your own case in court, without engaging a lawyer. The law does not stop you from fighting your own case and you have every right to do so. It is only the lack of knowledge of law and procedure that may pose difficulties. One more option could perhaps be to fight your own case, but take guidance (about procedures and basic provisions of law) from some junior upcoming advocate who may not charge you much. If you want to appear as PARTY IN PERSON you can file a Petition u/s 302(2) CrPC, 1973  for Criminal Cases and U/O-3 , R-1, C.P.C ,1908  for Civil Cases. 

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Thanks to all expert for detailed guidence.

But when an application u/s 340 crpc r.w.s 195 crpc and 191, 192, 193.....182 and 211 IPC would be filed, whether there is a need to file an limitation application for IPC 182, 211 ? as false statement on supported affidavit in court were made more than 1year 8 month back. If yes, kindly provide me format for such application.

Regards

DVK Kumar.

 
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N.A

Originally posted by : D V K KUMAR
Thanks to all expert for detailed guidence.

But when an application u/s 340 crpc r.w.s 195 crpc and 191, 192, 193.....182 and 211 IPC would be filed, whether there is a need to file an limitation application for IPC 182, 211 ? as false statement on supported affidavit in court were made more than 1year 8 month back. If yes, kindly provide me format for such application.

Regards

DVK Kumar.

 

Even the false affidavit were filed befor more than a year still when you will file the application of perjury. You have to argue whether you can file the application at this stage or not?

There are many templates available on google about said application, You may go through them but i personally suggest, to deeply study and figure out all the false statements before drafting the application. As no court is interesed to entertain these type of application and you need to raise strong points in your favour. So draft the application with utmost care. 


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Can 340 CrPC be invoked for false / forged document produced, just before dictation of judgment in CoCP against SBI ? That forged FDR became the basis of dismissal of CoCP !

 
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