Amount of sentence awarded in case of wrong/suppression of facts?
Raman
(Querist) 25 December 2012
This query is : Resolved
If any complainant appaered as witness wilfully suppress his perosnal information or gives perosnal information which is technically false or supplied half false answer which though is not relevant but false such as about his spouse, children..BUT ALL IS NOT RELEVANT TO HIS COMPLAINT What amount of sentence will be awarded to the Complainant?
Whether judge can be lenient if such inofmration is not relevat to his case??
M.Sheik Mohammed Ali
(Expert) 25 December 2012
its depends upon the cases, if otherside will prooved your suppression will punished as per eye of law.
Nadeem Qureshi
(Expert) 25 December 2012
Dear Raman
Read section 340 Of Cr.PC
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
R.K Nanda
(Expert) 26 December 2012
it varies from case to case.
