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Ramesh (student)     24 October 2014

Perjury u/s 340

Dear Sir,                                           24/10/2014

In one of the family matter of crpc 125 a witness submitted an affidavit declaring that he has given 25 toals of gold whereas there is no proof such as bill. receipt of the party who has taken nor there is a witness in whose presence this transaction has been taken place. More over the aggrieved person has also not mentioned it in her maintenance claim as stridhan nor in DV Act nor in the 498a for dowry harassment.

Can we file the perjury in the city of the husband or it will be filed on the same court where the affidavit has been submitted?

Kindly guide in the matter with guidance how to proceed.




 1 Replies

Adv. Chandrasekhar (Advocate)     24 October 2014

Perjury case has to be filed in the same court, where perjury is allegedly committed and if the presiding officer finds that prima-facie the perjury is committed, for the trial refer the matter to the competent court.  Not proving the fact does not amount to perjury.

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