Need guidance on perjury

In the EXPERTS department, some experts like Shri Gigyasu, Shri Ramachandran etc. are rude towards experts like Miss. Usha Kapoor.      To err is human.     Members are not supposed to insult them who err.

Also some experts say, " Acadamic question, anonymous question, examination question, etc., etc.     So what?       In what way is this against the regulations of lawyersclubindia? 

Reddir sir :

Thank you so much for all your continuous guidance and encouragement. I really, really appreciate it.

Quick question : You mentioned "You can, however, urge the Court to prosecute her" in relation to Perjury.

So, do you think it'd be a good idea to first approach the same Court with an application for Perjury, and if it's rejected, file a private/police complaint for Forgery ?

Or would us filing a police/private complaint straightaway be a better route ?

@ Ramoji sir : Yes, I'm a woman from the husband's side.

Thank You

 

 

Yes, you'd better urge the Court first.

I'm ashamed.      My previous Reply is wrong.     From the beginning I was maintaining that it's forgery but not perjury.     I absent-mindedly suggested in my previous Reply  that the Court should be urged.      How can it be urged when it's not perjury at all?

First of all, I want to thank Reddi sir.

Also, I'm quite surprised that certain members have, for reasons best known to them, taken this discussion in an entirely another direction. I, too, am from the same legal community and am representing the husband's side. When I came across an intriguing  legal question for which I thought a Junior like me didn't possess enough experience, I posted my questions here to learn and develop a better unerstanding around that legal issue/question.

And while Reddi sir was very meticulous in his responses (needless to mention, tremendously helpful) and provided a very different perspective to the term "Forgery", I was just startled by the comments of certain folks. Not only there was anything useful from legal perspective in such responses, they seemed like forced attempts to lead a legal discussion in whole another direction. In my humble opinion, that could have been completely avoided in this forum.

 I look forward to receiving intellectual, practical inputs to the legal discussion we've had so far.

Thank You (and I'm thanking everyone, btw)...:)

 

1. Perjury Can only be initiated under S.340 CRPC by way of an application to the court where the falsehood takes place. The stage of application under S.340 CRPC generally is after the cross examination. Jumping to perjury early on or on irrelevant matter will not yield anything. In this case she has evaded or probably misled or lied in her written submissions against some application by husband, this submission may not have been under affidavit. Subsequently she gave the correct status in her affidavit. So perjury is not made out. Evading or misleading or lying in general is called "not coming to the court with clean hands", this is not forgery also, this you can take up during arguments and will support your case. Focus on the case realistically, do not stray away.

Typo....so perjury is made out in above should be read as ...perjury is not made out...

Shri R Trivedi

Dear Sir

A false document is submitted.     It was later corrected in an affidavit.      This doesn't mean the offence of forgery is cancelled.

It's forgery committed outside the court and later the document ( not necessarily be an affidavit ) was produced in the court.     So Sec 195 of the Cr P C won't be an impediment. 

This's not a case of perjury.

For initiating criminal proceedings under perjury, the judge needn't wait till cross.

Shri R Trivedi

Dear Sir

A false document is submitted.     It was later corrected in an affidavit.      This doesn't mean the offence of forgery is cancelled.

It's forgery committed outside the court and later the document ( not necessarily be an affidavit ) was produced in the court.     So Sec 195 of the Cr P C won't be an impediment. 

This's not a case of perjury.

For initiating criminal proceedings under perjury, the judge needn't wait till cross.

Shri R Trivedi

Dear Sir

A false document is submitted.     It was later corrected in an affidavit.      This doesn't mean the offence of forgery is cancelled.

It's forgery committed outside the court and later the document ( not necessarily be an affidavit ) was produced in the court.     So Sec 195 of the Cr P C won't be an impediment. 

This's not a case of perjury.

For initiating criminal proceedings under perjury, the judge needn't wait till cross.

Shri R Trivedi

Dear Sir

A false document is submitted.     It was later corrected in an affidavit.      This doesn't mean the offence of forgery is cancelled.

It's forgery committed outside the court and later the document ( not necessarily be an affidavit ) was produced in the court.     So Sec 195 of the Cr P C won't be an impediment. 

This's not a case of perjury.

For initiating criminal proceedings under perjury, the judge needn't wait till cross.

There was some software problem.   my reply was repeated so many times.   I beg the pardon of the members.