CrPC 340-Perjury

Guys,
As every body here are fighting the Gender Biased laws because our beloved Wives  and our In-laws filed False Cases against us under different sections of IPC u/s 498 etc, DV ACT and CrPC 125. But this acts has to be fought back hard, as we need every action towards perfection.
Here is one of the actions where we can CHECK-MATE the opposition.
If you have prove that the allegation is wrong & your Wife or In-Laws or any Witness has given false evidence with intent to procure conviction then you can file CrPC 340 because 340 Crpc is based on 195 IPC read 195 Ipc

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 in 2[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.
Illustration
A gives false evidence before a Court of Justice intending thereby to cause Z to be convicted of a dacoity. The punishment of dacoity is 3[imprisonment for life], or rigorous imprisonment for a term which may extend to ten years, with or without fine. A, therefore, is liable to3[imprisonment for life] or imprisonment, with or without fine.
CLASSIFICATION OF OFFENCE
Punishment—The same as for the offence—Non-cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

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.
If she has given two contradictory statements…she can also be booked for perjury (u/s 340 CrPC)..in the case of Gangawaa and State of Mysore, in the Crl.R.P No 311of 1966 (1967)1 MLJ (Crl) 421..the court has stated that
If the prosecution succeeds in proving that the accused in the witness box deliberately made two statements which are so contradictory and irreconcilable with each other, that both cannot be possibly true, he can be convicted for perjury
Go ahead and file perjury.
Please find link below to know HOW TO FILE PERJURY IN INDIA?
Advertisements
  1. ABHA MOHANTY
    October 12, 2012 at 7:45 pm

    THE HONORABLE COURTS WORK BEREFT OF EMOTION TO SEE UNDERLYING MALAISE…………..?

  2. Mrahi
    October 12, 2012 at 9:01 pm

    Just to add…
    Order 6 Rule 15 of the Code of Civil Procedure reads as under:

    “Rule 15. Verification of pleadings. – (1) Save as otherwise provided by any law for the time being in force, every pleading shall be verified at the foot by the party or by one of the parties pleading or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case. (2) The person verifying shall specify, by reference to the numbered paragraphs of the pleading, what he verifies of his own knowledge and what he verifies upon information received and believed to be true. (3) The verification shall be signed by the person making it and shall state the date on which and the place at which it was signed. (4) The person verifying the pleading shall also furnish an affidavit in support of his pleadings.”. This means there is no need for person to enter the witness box , if he had sign affidavit he shd be tried for perjury

  3. Sundar
    January 10, 2013 at 10:47 am

    Dear Sir, Many thanks for your guide lines.

    in connection with this above article, I could not find the judgment which is referred in your article … “..in the case of Gangawaa and State of Mysore, in the Crl.R.P No 311of 1966 (1967)1 MLJ (Crl) 421..”

    I searched in Karnataka high court, supreme court. judgment list…. but could not find…
    SO, I request you to pls provide few more info : the court name, Date of Judgment, judge name, petioner, respondent etc..
    So that with this search criteria, we could find..
    thanks in advance for ur help .

    Regards,
    Sundar… ( suffering by false 498a, dv, Cr.PC125, interim maintenance, etc.. & firmly fighting against these false cases…)

  4. 498agladiator
    January 10, 2013 at 11:42 am

    Dear Sunder,
    I just missed out the link the Judgment copy, thanks for your intervention….you can find the same here http://wp.me/p1HnJY-lN.

  5. Sundar
    January 12, 2013 at 12:25 am

    My heartfelt thanks boss…..

    Regards,
    Sundar

  1. No trackbacks yet.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Fight for Justice

A crusaders blog for inspiring thought.

Stand up for your rights

Gender biased laws

MyNation Foundation - News

News Articles from MyNation, india - News you can use

498afighthard's Blog

Raising Awareness About Gender Biased Laws and its misuse In India

The WordPress.com Blog

The latest news on WordPress.com and the WordPress community.

%d bloggers like this: