lie under oath/false evidence provided

Querist : Anonymous (Querist) 12 June 2011 This query is : Resolved
under which IPC/CrpC husband can request wife to be punished for lying under oath and making a false statment and giving false evidence in family/criminal court

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R.R. KRISHNAA (Expert) 12 June 2011
Section 191 IPC

Querist : Anonymous (Querist) 12 June 2011
how /whom to file applicatin for it ?

Devajyoti Barman (Expert) 12 June 2011
The section is actually 340 crpc after which the charges u/s 191 is initiated.

Devajyoti Barman (Expert) 12 June 2011
The application u/s 340 crpc needs to be filed in the very court where the alleged false statement on oath has been made so that the court may the send the petition to the Magistrate to make inquiry and take cognizance of the offences.

Guest (Expert) 12 June 2011
the application is filed to the court where the false evidence was given

Querist : Anonymous (Querist) 12 June 2011
Does 340 crpc apply to family court, can husband make an application against false peition made by wife.
Is discretionary or mandatory for court to consider husband application forward it for investigation.

Raj Kumar Makkad (Expert) 12 June 2011
Devjyoti is correct in his opinion.

Advocate Bhartesh goyal (Expert) 13 June 2011
I agree with Mr Barman.

Dr G V Rao (Expert) 13 June 2011
Friends just taking this a bit forward. What action can be taken against an expert witness who being under oath and official duty gives false evidence with regards to his findings. I am referring to FSL scientists, DNA scientists, document examiners. Can you enlighten me.

PALNITKAR V.V. (Expert) 14 June 2011
Sec. 340 does not make any difference between an expert and an ordinary witness.

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