Appeal against False statements
What are the sections / clauses and rules applicable to appeal against false statements made in the police stations, courts, magistrates by the other parties?
Also, what is the process & procedure? At what stages can these be applied? more
Also, what is the process & procedure? At what stages can these be applied? more
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SANDEEP SHEREGAR ji I am from Delhi I have heard of the section 340 (Is it perjury?) but I am not ware of the details. How does one proceed especially if the case is in the initial stages? more
Apr 12
Initial stage of the case is the perfect timing to file Perjury application under section 340 of crpc. I practice in Mumbai courts I can recommend my coleaugue advocate's name in delhi for representing your case if you want. more
Apr 12
Csn Sarma ji Thanks for the information. As I understood from your post. 1. IPC 499 - Defamation. Can this be used for professional defamation also? How is it possible to prove that defamatory letter sent to private office can be harmful? 2. IPC 191, 192, 195, 199 - False evidence. Does it also include giving unconfirmed false information to various agencies? Like falsely accusing a normal person of being a drug/narcotic substance abuser at various places like district court, magisterial office, local police & Commission for Women? (This is not for me) 3. Which sections can be applied for false information given on a HMA petition? Or does one have to wait for the information to be declared false & frivolous by the court? 4. What is Perjury? When is it filed? 5. Are there sections on public servants & government officers for misuse of their offices? more
Apr 12
Dear Chitradeepji You have not said whether you are an accused or a complainant and which place in India you are from. Section 340 and section 195 of crpc deals with false statement given by opposite party or the complaint whoever has given false statement. But different states have some amount of Amendments in the Criminal Procedure Code. Just by knowing the sections you cant prove anything. It takes a great deal of efforts either by you as party in person or by your Advocate in terms of evidence, examination in chief and cross questioning to prove the opposite parites false statement. Dont take your case so lightly. Once your case is loosened in the lower court or trial court it becomes very difficult to prove it in the sessions court, hight court and the supreme courts. I would specially like to inform you that Cross questiong is an art in itself. It comes only with a lot of study and understanding of criminal Law. Regards. more
Apr 11
Suresh Adina ji
Good question, I think that there are separate clauses for government officers & public servants also. more
Good question, I think that there are separate clauses for government officers & public servants also. more
Apr 11
Sandeep Sheregar ji
I will be the complainant for a civil case. However the case has only begun. more
I will be the complainant for a civil case. However the case has only begun. more
Apr 11
are there any clauses/sections that deal with false affidavits and reports filed by the police and investigating agencies?
This should be irrespective of whether one is a defendant or a complainant as the police may testify for or against either party.
in 498 and DVC cases, police file wrong reports in courts, without doing any investigation. more
This should be irrespective of whether one is a defendant or a complainant as the police may testify for or against either party.
in 498 and DVC cases, police file wrong reports in courts, without doing any investigation. more
Apr 11
It depends on the nature and issues of Case. The Sections of Defamation ; Deceitful intrigue ; Cheating ; Attempt to Murder ; shall be made applicable to arrest intentional , willful , well planned , Created Reports/Cases . The National Law Commission and Judiciary are ALSO to set requisite categorization of Falsified Cases in the Courts . more
Apr 11
A.IPC 499 - Defamation – Explanation –IV : No imputation is said to harm a person’s reputation, unless that imputation directly or indirectly in the estimation of others lowers the moral or intellectual character of that person, or lowers the character of that person, in respect of his caste or of his calling, or lowers the credit of that person; or causes it to be believe4d that the body of that person is in a loathsome state, or in a state generally considered as disgraceful.
ROOT : Next to life, man cares most for his reputation. Sometimes we find an individual giving it the foremost place, preferring death rather than living a life of ignominy and disgrace. [The Suicides of loved one due to failed Marriage ; Suicide of Lower when neglected , Suicide when one is taken to task by Teacher or , hurt in the Association also are examples of Self-respect, prestige, honour which are the bases OF REPUTATION.]
1.Civil Procedure Code Rules 6 A to 6 G allow and recognize Counter claim by Defendant .
2. Rule 21 Order XI on Non-compliance with order “ if Party fails to production of documents etc., will lose defence of his case in case of substantial or serious prejudice” .
3. Rule 1 to 3 Order 19 mandates Affidavit. The court may order that any fact may be proved by affidavit. Issues ‘ Attachment before judgment, interim injunction, appointment of receiver, etc., can be decided on affidavits ‘ . “ The client should be told to swear only to what he knows to be true. What he believes to be true should be mentioned separately “ . Order 19, Rule 1 empowers the court to make an order that any particular fact may be proved by affidavits and Affidavit contents , verbal arguments at chief and cross stands AS THE LEGALLY legitimate and wilful averments , alleges AND HENCE ANY WRONG , CREATED , FAKE EVIDENCES STAGED IN THE AFFIDAVITS ETC., ARE punishable .
4. Section 35-B is added by the Amendment Act of 1976. It is inserted to put check upon the delaying tactics of the litigating parties. It empowers the court to impose compensatory costs on the parties who are responsible for causing delay at any stage of the litigation and such costs would be irrespective of the ultimate outcome of the litigation.
This mandate of costs for causing delay by the plaintiff as well as defendent in delaying the case with absence, adjournment with any pretext/reason including the issue of proofs .
ALL THE 4 ARE THE MEASURES SET FOR THOSE INCURRING Loss of Time ; Money ; and, Reputation irrespective of being victims/winners of the case AND, CAN BE CONSTRUED TO BE COMPENSATED WITH COSTS TOO .
B. IPC Section 191, 192, 195 and 199 deal with Fabricating False evidence by any party. FALSE SWEARING EVEN IN SUPPORT OF A JUST CLAIM IS PUNISHABLE UNDER THESE SECTIONS .
As I already clarified in my 1st Suggestion of 11th instant, these issues depend on different Cases of different volume of LOSS , different issues of damaging Reputation including malafied intentions to defame, lower the Self-respect, Honour in the Associated Profession, Status including Reputation in the Society. more
ROOT : Next to life, man cares most for his reputation. Sometimes we find an individual giving it the foremost place, preferring death rather than living a life of ignominy and disgrace. [The Suicides of loved one due to failed Marriage ; Suicide of Lower when neglected , Suicide when one is taken to task by Teacher or , hurt in the Association also are examples of Self-respect, prestige, honour which are the bases OF REPUTATION.]
1.Civil Procedure Code Rules 6 A to 6 G allow and recognize Counter claim by Defendant .
2. Rule 21 Order XI on Non-compliance with order “ if Party fails to production of documents etc., will lose defence of his case in case of substantial or serious prejudice” .
3. Rule 1 to 3 Order 19 mandates Affidavit. The court may order that any fact may be proved by affidavit. Issues ‘ Attachment before judgment, interim injunction, appointment of receiver, etc., can be decided on affidavits ‘ . “ The client should be told to swear only to what he knows to be true. What he believes to be true should be mentioned separately “ . Order 19, Rule 1 empowers the court to make an order that any particular fact may be proved by affidavits and Affidavit contents , verbal arguments at chief and cross stands AS THE LEGALLY legitimate and wilful averments , alleges AND HENCE ANY WRONG , CREATED , FAKE EVIDENCES STAGED IN THE AFFIDAVITS ETC., ARE punishable .
4. Section 35-B is added by the Amendment Act of 1976. It is inserted to put check upon the delaying tactics of the litigating parties. It empowers the court to impose compensatory costs on the parties who are responsible for causing delay at any stage of the litigation and such costs would be irrespective of the ultimate outcome of the litigation.
This mandate of costs for causing delay by the plaintiff as well as defendent in delaying the case with absence, adjournment with any pretext/reason including the issue of proofs .
ALL THE 4 ARE THE MEASURES SET FOR THOSE INCURRING Loss of Time ; Money ; and, Reputation irrespective of being victims/winners of the case AND, CAN BE CONSTRUED TO BE COMPENSATED WITH COSTS TOO .
B. IPC Section 191, 192, 195 and 199 deal with Fabricating False evidence by any party. FALSE SWEARING EVEN IN SUPPORT OF A JUST CLAIM IS PUNISHABLE UNDER THESE SECTIONS .
As I already clarified in my 1st Suggestion of 11th instant, these issues depend on different Cases of different volume of LOSS , different issues of damaging Reputation including malafied intentions to defame, lower the Self-respect, Honour in the Associated Profession, Status including Reputation in the Society. more
Apr 12
Csn Sarma ji,
Could you please mention the clauses or the rules such as CrPC or IPC or any other sections? more
Could you please mention the clauses or the rules such as CrPC or IPC or any other sections? more
Apr 11
