False Oath In DV Case PLZ HELP
Querist :
Anonymous
(Querist) 30 July 2011
This query is : Resolved
Dear member,
My wife has filed false and contradictory affidavit(Evidance by way of affidavit) in court in DV case(Each and every statement in Petition, Re-joinder and Affidavit are contradictory itself. Sir my query is:
1) What action can be taken on her by the court by giving contradictory statements in affidavit.
2) Can I ask verbally to the court to take it as SOU MOTO to registered a case on her.
3) What is the procedure to dismiss the case.
4) What is the meaning of Perjury.
Sir i am realy depressed and i dont know what to do. My lawyer is not guiding me properly.
Plz help
Advocate Rajkumarlaxman
(Expert) 30 July 2011
The Indian Penal Code (IPC) under Section 191 defines perjury as “giving false evidence” and by interpretation it includes the statements retracted later as the person is presumed to have given a “false statement” earlier or later, when the statement is retracted. But hardly anyone, including the legal experts, could recall a single case in which a person was prosecuted for making a false statement before the court. With notices to Zaheera Sheikh and the Delhi high court’s suo motu cognisance in the Jessica Lall case, this aspect has come to the forefront in the country.
Under section 191 of IPC, an affidavit is evidence and a person swearing to a false affidavit is guilty of perjury punishable under Section 193 IPC which prescribes the period of punishment as seven years imprisonment. However, action against making a false statement should be initiated during the trial itself, and not at the end of it — which may take a long time. That may be a deterrent against persons who intentionally mislead the court or make false statements under oath or file tainted affidavits much against the public good. This is one of the reasons — initiating action against a person for perjury after the trial is over — why in India several perjury cases go totally unnoticed as a fresh trial begins on perjury running into years.
prabhakar singh
(Expert) 30 July 2011
Yes!Experts are right, perjury is herd, read but unseen passage in our country.
Arun Kumar Bhagat
(Expert) 08 August 2011
Contradictory statements will come to your aid. Wish her to make more and more.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 30 July 2011
