Giving false evidence in court proceeding

Querist : Anonymous (Querist) 22 December 2009 This query is : Resolved
Hello R/sir, Cri.application filed under DV act & evidence adduced by both parties,in the evidence of respondent,s witness it comes that the respondent & his brother were lying & his evidence supported the applicant's case. my question is can applicant file a criminal case against them in IPC's sec?

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n.k.sarin (Expert) 22 December 2009
If it comes court's knowledge that some one lying before the court and presents false evidence, court on sou moto or on the application of the opposite party can make an enquery and can issue show cause notice to the other party.

bhupender sharma (Expert) 22 December 2009
persury is concerned it is the court has to see u may file a compaliant against them to under section 181 and 182 of the IPC against him but so far as the persury is concerned it is not a fraud played upon the court so the question taking against them is difficult.

Arvind Singh Chauhan (Expert) 22 December 2009
Agree with learned seniors.

anuz doda (Expert) 22 December 2009
This is a case of giving false evidence in judicial proceeding and punishable under section 193 IPC for maximum punishment of 7 yrs.

Raj Kumar Makkad (Expert) 22 December 2009
section 340 criminal procedure code is the appropriate remedy for which court can file a criminal case against such person at its own motion. move an application in this regard.

Binod Kumar Mishra (Expert) 24 December 2009
Makkad sir and Doda jee is quite right and you may also to see that whether they have given their evidance on affidavit or not. you may force them to say this on affidavit and that will be in your favour on the plateform suggested by makkad sir.

Ajay Bansal (Expert) 26 December 2009
File an application u/s 340 Cr.P.C. after a finding of the court that matter against you is false.

Khaleel Ahmed Mohammed (Expert) 28 December 2009
I agreed with Mr.Doda.

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