forged doccument evidence on record
Querist :
Anonymous
(Querist) 20 February 2010
This query is : Resolved
hi iam the plaintiff
its civil partition suit defendants given forged will as evidence ,court directed for handwriting expert on record and judge has received the report saying that the disputed signature not done by the person who signature done in admitted signature ,and disputed signature seems to be suspicious and copy .
my question is now the "will" must be false evidence ?
for false evidence on record is punishable if so under which sec..
best regards
Agr
Raj Kumar Makkad
(Expert) 20 February 2010
Yes. Such will shall be treated as forged document and such person (defendant) can be prosecuted under section 340 Cr. P. C. in the same suit by concerned court for bringing on oath such fabricated document on the file of the court with bad intension.
Guest
(Expert) 20 February 2010
i do agree with Mr Makkad
Sachin Bhatia
(Expert) 20 February 2010
Yes. Such will shall be treated as forged document.
Sachin Bhatia
(Expert) 20 February 2010
IPC 193. Punishment for false evidence
Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine, and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
SURESHKUMAR.S
(Expert) 20 February 2010
I do agree the experts opinion.It is the discretion of the court to initiate action u/s 340 crpc, wherein in the interest of justice, If the court feels necessary to prefer a complaint u/s 340 crpc , the court 'may' prefer and otherwise not. In most cases, the courts are not inclined to prefer complaints based on the applications u/s 340 crpc. But that will definitely create an impact in the judgement of the concerned suit.
Querist :
Anonymous
(Querist) 20 February 2010
Hello
Respected professionals
iam very thankful to you all for showing interest on my question and valuable advice .
i would like to know any time limitations for further step . because the said WILL dated 6.6.96 and case was filed on 97 middle ,suit for partition , but defendant marked evidence on records 2006 middle .
very recently i got the handwriting experts report .sating that what we discuss early .
is it valid private investigation report which judge admitted-report.
or i have to go for govt appointees require ?
once again thank you for spending you valuable advice and timely response
your faith fully
Agr
Parveen Kr. Aggarwal
(Expert) 20 February 2010
The Court cannot proceed under section 340 of the Cr. P. C. because the will was not forged in the Court.
