Perjury
Guest
(Querist) 29 January 2013
This query is : Resolved
A. When should one file perjury?
1. After case filing or
2. After giving false evidence or
3. After giving evidence/statement on oath
B. Can one file perjury in divorce (HMA), 125 crpc and 498a ?
R.K Nanda
(Expert) 29 January 2013
state real facts of case in which u want to file perjury petition.
Guest
(Querist) 29 January 2013
Want to file perjury on false declaration of salary in 125 crpc. False dates of crime and so on.
Guest
(Querist) 30 January 2013
Barman ji,
Clause 2 and 3 of which section?
Nadeem Qureshi
(Expert) 30 January 2013
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;
1[(b) in any other case, by the presiding officer of the court or by such officer of the Court as the Court may authorise in writing in this behalf.]
(4) In this section, "court" has the same meaning as in section 195.
Feel Free to call
Raj Kumar Makkad
(Expert) 01 February 2013
Clause 2 & 3 of your query and relevant section is 340 of criminal procedure code.
V R SHROFF
(Expert) 01 February 2013
You only have to prove, her statement is false.
It is offence against Court, not you.
So only court may take action. No injury to you.
It is at the pleasure of the Court.
[Most probably you will be disappointed,so forget 195]
So only prove her evidence is false,she is earning , and that's all.
