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punishment under ipc 199

Page no : 2

smart jain   23 January 2020

sir... my uncle went to police station on 2nd aug 2018 and tod police that the opposite party best him and so bound them under sec 107...on 3 rd aug he went to sp office and asked for help... dp directed the police to take action... on 4th aug my uncle gave statement in police station and returned home... interesting thing is that police did wrote a letter to adm for binding opposite party under sec 107 after my uncle returned home... police didn't told my uncle that they have done something...
on 7th aug my uncle lodged a case under sec 341..342 ... and on affidavit he said that police didnt took any action so he has to come under court...
in this case the opposite party did settlement out of court with him after one month on notary and case was closed... police also put fr in this case on the basis of this compromise...
now... the situation is the other party lodged case in acjm that my uncle gave fake affidavit that police didn't do any thing... but police actually wrote to adm against opposite party under sec 107 on 4th aug... acjm court found my uncle guilty under crpc 340 and lodged case in cjm under ipc for giving fake affidavit....
This is the whole matter... nothing was intentional from my uncle side..

P. Venu (Advocate)     25 January 2020

"acjm court found my uncle guilty under crpc 340 and lodged case in cjm under ipc for giving fake affidavit." This is a misconception. It is for the CJM to hold trial decide the guilt. Any how, acjm court would have served a notice to show cause. What is the reply furnished and/or stand taken?

 

smart jain   26 January 2020

actually the opposite party did complain under crpc 340 in acjm for giving false affidavit.. acjm court was satisfied that my uncle gave false affidavit in case that was registered by him under sec 341..342 on 7 aug in court... now acjm has become party and lodged a case in cjm against my uncle... my uncle had received a summon from cjm

T. Kalaiselvan, Advocate (Advocate)     27 January 2020

Under Section 199, whoever, in any declaration made or subscribed by him, which declaration any court of justice is authorised to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false, shall be punished in the same manner as if he gave false evidence.

adiga   27 January 2020

False statement made in declaration which is by law receiva­ble as evidence.—Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorised by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.

adiga   27 January 2020

What is section 199 in the India penal code ? False statement made in declaration which is by law receiva­ble as evidence.—Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorised by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used What is punishment under 199 in the Indian penal code ? Punishment is the similar to producing false evidence that's is 7 years and fine when there is a false fabrication in the evidence in a judicial proceeding I the other case when there is false fabrication in the evidence punishment is 3 year and fine Cases under 199 for Indian penal code 1 Adcs.Sri.M.Asokan vs state of kerala on 26 November 2003 2 vishandas kanwarmal lakhwani 8 others vs the state of telangana

smart jain   27 January 2020

a brief history of my uncle case is there.... do u think any act of false affidavit is given by my uncle

TGK REDDI   27 January 2020

Under Section 340 of the Criminal Procedure Code,  the Complainant must be the Court, so it was.

But the Court erred.

The Affidavit was executed outside the Court and was then filed in the Court.

Such an Affidavit is not covered by Section 195 of the Criminal Procedure Code.

Section 195 says, "  ....... document produced in the Couert  ......  " but not " document going to be produced".

In other words, offence was committed in regard to a document that was going to be produced in the Court cannot be taken cognizance of by the Court under Section 340 but  in regard to a document already produced in the Court.

Here the offence was committed in regard to a document which was going to be produced in the Court.

So the Court has no jurisdiction to prosecute the uncle of the Questioner because the offence was not committed when the document was under the custody of the Court. 

P. Venu (Advocate)     27 January 2020

It is not a question of our belief or thinking. The accused need to defend the matter on merits. It is seldom that that a Court charges anyone for offences under  Chapter XI (Of False Evidence and Offence Against Public Jusstice) of the IPC and resorts to process and procedure under Section 340 of CrPC and there is hardly any case of anyone being punished.

This state of affairs is not because the offences are uncommon, but it is so common! Another reason could be that the Judicial Officer, who makes the complaint, is required to appears as witness and lead evidence.

As such, there could be some extraordinary circumstances that the ACJM has sent the complaint for trial before the CJM.

It is impossble to make any definite suggestion as you are posting picemeal, that to, in a disjointed fashion.

smart jain   27 January 2020

perfectly said sir by you... but the important thing is... the cases under section 341..342 crpc was closed by court on the basis of settlement ... and in that case my uncle said police didn't do anything in affidavit... this was unintentional from my uncle side...

adiga   27 January 2020

1st we will know what is section 199 as i mentioned in the earlier statement

False statement made in declaration which is by law receiva­ble as evidence.—Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorised by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used As per the statement where Making any statement which is false and which he either knows or believes to be false or does not believe to be true

So in your uncle's case he did not get any information from police about his case so he believed that the police did not applie sec 170 So for him the statement mad in the court is true For applications of sec 199 of ipc the statement must not only be false but also he should know or believe that the statement is false

 

smart jain   27 January 2020

yes... that's what my view point is... it is really a matter of deep concern for us that acjm took action on the complaint made by the opposite party under sec 340 crpc against my uncle and registered offenxe against my uncle u der ipc 199...todays situation is JM no. 4 reader arjunram vs omprakash in CJM court...
omorakash is my uncle...

smart jain   29 January 2020

please waiting for an expert advise

smart jain   11 February 2020

my uncles case is very clear... let me know your expertise pls

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