Wednesday, February 10, 2010

Mr. Vijay.M, I want to know is perjury punishable in india? especially if the case involves false 498a case?

As you might have come across with your vast experience as a lawyer in your long service to people like us, helping us out. I just want to know wat is perjury? whether there is a punishment for perjury as in false 498a cases? And please advice how to go about to get justice ? I am the hapless husband with these things going on in my life quite a few years since...Mr. Vijay.M, I want to know is perjury punishable in india? especially if the case involves false 498a case?
Firstly try understanding what Perjury is. Perjury is making wrong/false statement on oath before the court in a legal proceeding or before any person of authority in other matter. What is most important ingredient of perjury is that the accused should be aware or should have knowledge such false statement, it is not necessary that all wrong or false statement amount to perjury as this false or wrong statement may have been made by the accused on the basis of some information or wrong knowledge for which he may not be having intention of committing perjury in any matter. If in all cases where one of the party to the suit who losses the legal case in the court is involved for perjury by the other party then we shall be having double the number of cases pending in the courts which not so. As far the making of wrong complaint under any provision of the Indian Penal Code in this case as pointed out section 498A of IPC what any person who got involved in any wrong complaint %26amp; if found by the competent court that such complaint was absolutely falsely made against him by the complainant is to file a complaint under section 182 IPC for giving False information, with intent to cause public servant to use his lawful power to the injury of another person.A complaint under section 209 Dishonestly making false claim in Court %26amp; section 211 IPC for filing or instituting False charge of offence made with intent to injure in a court can also be made by the victim /husband .





However if the Complainant had given false statement against the accused in the criminal proceedings in the court under section 498A IPC %26amp; she had known or believed that such statement on oath she makes is false the provisions of section 191 %26amp; 193 IPC can also be involved for getting punishment for her. I would like to point out one thing here it is not the Husband/accused in the section 498A IPC complaint who becomes the complainant in such criminal complaints for perjury under section191 %26amp; 193 IPC but the First Class Magistrate before whom such false statement was made on oath, maximum the husband can do is to bring in knowledge of the judicial officer the offence of perjury %26amp; it will be he who has to decide weather to proceed against the wife for perjury or not on the basis of evidence on record for the offence of perjury. Hope this brief information will help in understanding the offence of perjury by all the readers.Mr. Vijay.M, I want to know is perjury punishable in india? especially if the case involves false 498a case?
Mr. Vijay.M is absolutely correct.................

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