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SANJEEV KUMAR (STUDENT)     02 July 2011

Powers of court in false case

IF A CASE ( s323,324,452 ipc) IS PROVED TO BE FALSE AND ALL ACCUSED ARE ACQUITTED HONOURABLY. THEN

1. WHAT ARE POWERS OF COURT AGAINST PROSECUTION?

2. WHAT CAN BE AWARDED TO ACCUSED PERSONS BY COURT FOR HAVING BEEN WRONGLY HARRASSED FOR MANY YEARS?

3. WHAT REMEDIES ARE AVAILABLE FOR FALSELY ACCUSED PERSONS AGAINST THE PROSECUTION.

SANJEEV



Learning

 1 Replies

Saurabh..V (Law Consultant)     04 July 2011

@Sanjeev

 

I'm also a student like you though I can provide you the answer.

 

"Perjury" is best possible maximum a court could order. When a court observes and orders, then another case is filed and proceeded under IPC for perjury by the complainant and/or any other witness. Then only upon proving that case, a sentence is awarded which might vary from 6months to 2years.

 

Here I strongly dissent from the makers of IPC. A person who, with ulterior objectives makes false statement before the court should be punished with same punishment as the accused might have got if he was proven guilty (by the witness of the complainant). Also, there should be no seperate trial for such perjuries. There should be provision so that the same judge while aquitting the accused, should pronounce the penalty and punishment for the complainant (who made false statements).

 

//peace

/Saurabh..V


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