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Vincent (Software Engineer)     25 February 2011

Punishment for witness

Hi,

I would like to know if there is any punishment for being a witness during a property registration involving forgery.



Learning

 8 Replies

adv. rajeev ( rajoo ) (practicing advocate)     26 February 2011

Complaint can be filed against him also for forzery

omprakash sharma (advocate)     26 February 2011

first, this question is incomplete. If a witness told his involvement in any crime than he will not arrested and no criminal proceedings will be iniciate merely for those statment.

Sarvesh Kumar Sharma Advocate (Advocacy)     26 February 2011

file complaint forzery.

Sarvesh Kumar Sharma Advocate (Advocacy)     26 February 2011

420,468,467,120b ipc

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     26 February 2011

Witness has no liability , he has just verified that the person signed before him. He can not be made responsible for defect in title.

Hari Mehar (Proprietor)     27 February 2011

Intentionally aiding or abetting or having agreement in crl. conspirary, for forgey is also offence. It is important to know what kind of Witenss is he? and is he knowingly or dishonestly or intentionally signed so? Is he an attestor of the transaction or a witness indifying the parties. In the former case there is defence to be protected by pleading innocence of the original identities because his duty is only to attest as witness of the transaction that taken place in his presence at a spefic time, who in all cases need not know the original identity of the parties of the deed. If he is an identifying witness, it is a good case against him and can be registered under several sections of IPC viz., under chaperter X - 177, 181, (subject to complaint by the officer referred in section 195 (a) (i) (iii), 199 of CR.P.C, after preliminary inquiry under section 340 of Cr.P.C) and if having any interest of the forged transaction, depends upon facts of the case, in respect of  his common intention to read with sec. 34 or alleging an agreement in the conpiracy, he be prosecuted under section 120  (part 1- punishment; 1/4 of the main offence, if the offence committed) and 120 B (2) or if alleging that he is the abettor, with strong proof of his primary role or interest in that illegal act, can be included as abettor under section 109 of I.P.C for the offences under section 463, 464 First- (a), punishable under section 465 IPC. If such forgery is made to cheat any person, can also be punishable under section 468.

M. Hari Mehar

Advocate, Visakhaptnam. 9246625646

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     27 February 2011

All told the witness has no liability. he has just identified that is all.

Hari Mehar (Proprietor)     27 February 2011

Is it not wrong knowingly to mislead  a public authority by identifying a wrong person as right person?

Hari Mehar


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