Perjury - मिथ्या साक्ष्य Cr.Pc 340 What - When - How ?
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- Опубліковано 19 вер 2024
- #Perjury
The act or instance of persons deliberately making material false or misleading statements while under oath also termed as false swearing, false oath , forswearing.
Src: Blacks ‘Law Dictionary - Eighth Edition (First South Asian Edition Page -1175)
Per-ju-ry (perjury)
the voluntary violation of an oath or vow either by swearing to what is untrue or by omission to do what has been promised under oath : false swearing
Src: #Merriam- Dictionary
"The offence of perjury finds its place in law by virtue of Section 191 to Section 203 of the Indian Penal Code, 1860 Unlike many other countries, the offence of perjury is muted on account of Section 195 of the Code of Criminal Procedure, 1973 Section 195(1)(b)(i) of the Cr.P.C. restricts any court to take cognisance of an offence of perjury unless the same is by way of a complaint in writing by the court before which the offence is committed or by a superior court.
Src : Wikipedia
Judgements
1. Prem Sagar Manocha Vs State (NCT of Delhi) 2016(1) SCC(571): (2016) 2 : SCC (Cri) 315
2. Ravinder Talwa Vs State of UP & Anr. 2020 (110) ACC 903 (H.C)
3. Aarish Asgar Qureshi Vs. Fareed Ahmed Qureshi & Arn. 2019 (108) ACC 926 (SC)
4. Prof Chintamani Malviya Vs High Court of Madhya Pradesh 2019 (106) ACC 694 (S.C)
5. Sasikla Pushpa & Ors. Vs State of Tamilnadu 2019 (109) ACC 947 S.C
6. State (Govt of NCT of Delhi) Vs Pankaj Chaudhary 2299 of 2009 & 2298 of 2009 Decided on 30.10.2018
7. Narender Kr Srivastava Vs State of Bihar 2019 (106) ACC 996 (S.C)
8. Amarsang Nathji Vs Hardik Harshdbhai Patel (2017)1 SCC 113: (2017) 1, SCC(Cri) 237
9. Ravinder Talwar Vs State of Uttar Pradesh & Anr. 2020 (110) ACC 903 (H.C)
10. Dr. Subhash Kashinath Mahajan Vs State of Maharashtra 2018 (1) CCSC 528(SC)
#perjury #wife #courts #india #advocate #crpc #ipc #indianpenalcode1860 #criminalprocedurecode #340 #offence
मजा आ गया आपकी स्पीच सुनकर ।आपकी तारीफ के लिये मेरे शब्दकोष में वो शब्द ही नहीं मिल पा रहा है ।
My observation is that in our law it is easy to prove a lie as truth, but arduous task to prove a truth as truth. Your dedication and devotion is leading you to great heights. I personally see tomorrow's Kapil sibbal and Prashant Bhoosan in adv Aatulya Nehra. Good luck and God bless you.
Thankyou Sir for you’re kind words .
Why should an application be mandatory when there is clause: "which appears to have been committed".
The Court does not know or will not comment even if it knows that either of the litigant is falsifying on oath. Hence, it is only on application by the affected party, the court may take cognizance under concerned sections.
Great information in short time
Very useful information.
Excellent video very informative!
Good Information Sir Ji
Best information sir
Please listen to your video at 6.00 minute onwards.
There is no provision to notice the other side. Recently, Hon'ble Supreme Court has specifically stated that the other side should not be noticed ! 🤔
Which case is that ?? Can u site any judgement
Excellent sir ✔️💥
Thank you very much
What about the clause "or otherwise"
Great informative video .
Requesting to upload your notes also please. Those notes on have value of pinpoint accuracy. A PDF or photo will do thanks in advance
This is all theory. In practical the judges are relectant to move against judges and pleaders, even when falsehood is apparent. Instead of thanking the informer, he is grilled, is directed to to file envelope for notice to the accused, and is made to appear in the case, simply to humiliate him. Why affidavit. Can one lie before court without affidavit.
No need to hear o/p at the time of admission -sc Pritish vs State of Maharashtra, state of P&H v Jasbir Singh etc.
Perfect advice.
But, the lower courts work with a biased approach particularly in the criminal cases, they are inclined to believe the prosecution and seldom hear the other party.
In some cases, the arraigned accused does not have even a case against him under 173Crpc and yet the lower court would proceed to hear only the prosecution without looking into the material in the case.
It's tough to fight in the trial cases when an application under 340crpc is moved in these courts.
Rare are judicial officers who are bold enough to take right decisions , which they know well, are against prosecution. However against all adverse orders exists legal remedies.
@@AtulayNehraAdvocate It's true that legal remedies are there.
But, why should the lower court not hold the principles of justice, in the very first place. I say this more in the light of the historic judgement in Judgement titled k.puttaswamy vs union of India wherein constitutional order has changed by holding the right to privacy as intrinsic right.
Any violation of law on any stage by the state or the court is direct breach of the intrinsic right of privacy!
Sir koi prativadi sesan kort ke tathya chipakar galat plent highkourt me pesh kar direktion karaya kya 340 ke saath lagaye prativadi kesh ko roka is per bataye
जी हां आप high court main भी 340 का application लगा सकते हैं परंतु अगर allahabad या uttrakhand high court का matter है तो ये दोनों उच्च न्यायालय आपके 340 को entertain नहीं करेंगे ।
Very well explained
Dear sir, in my DV case my was remarried by she was not accepting this. At first I have informed the court about her remarriage but she straight away refused with affidavit as a result my case was dismissed. I appealed and appellate court found the Marit on my appeal and directed the lower court to adduce evidence on my appeal. During the evidence I have submitted the birth certificate of her child from her 2nd husband which has her adhar no then she didn't come to the Court and the court presumed that there is a valid marriage. But court had presumed the remmarige was just before the gestation period, as I was unable to produce the marriage certificate. However I gave appealed in the applate court for this rectification. My question is that in such a situation
1. where should I file the 340 crpc is it in the lower court or appellate
court.
2. iS there any time limit for the same after disposal of the case
Thanks
You can file 340 in thr Court where the matter is ongoing.
Thanks sir
You have mentioned 10-12 judgements on CrPC 340 but not given the citation details. 🙏
Pl. try to get updated about priliminary hearing.
judgement ka link share kar dijiye sir. yah mil nahi raha hai
Sir क्या ए section 340CrPC लोक न्याय के लिए है या आम जनता के लिए भी लागू होगा
Kanoon to accha hai ,par lagoo nahi hote and lagoo nahi karne diye jate hai.
Whether perjury is convicted the advocate in front court.
सिविल दावे में 12 साल बाद 2 नए प्रतिवादी बने उन्होंने अपने सशपथपत्र प्रार्थना पत्र में जिस संस्था का अध्यक्स होना बताया वह उस नाम की रजिस्टर्ड संस्था का अध्यक्स नही है। ऐसा उसने 2 कोर्ट में किया हैं क्या उसके खिलाफ 340 का action सम्भव हैं।
न्यायालय के समक्ष शपथपत्र पर किए गए कोई भी कथन जिन्हें शपथ करने वाला व्यक्ति जानता है कि वो झूठ बोल रहा है फिर भी अपने फ़ायदे के लिए झूठे कथन शपथपत्र पर करता है ऐसे व्यक्ति के विरुद्ध 340 बनती है ।
A person envolve me acase out of khata copy of land case on affidavit last five year s how can ido
Title suit case (bokaro steel plant ke employee (mere) quarte pr non employee ne ) me civil judge sr divn ke yhan 340 kee application lgaee thee. Use chhaju ram vs radhey shyam 1971 1 scc 774 para 7 and amarsang nathaji vs hardik harshadbhai patel 2017 1 scc 113 ka reference de kr dismissed kr diya hai. Kya kren
Sir aap ka yeh video mujhe achcha laga mein aap se kuch help chahta hoon price batao aap koun sa state se Ho
If plaintiff files false documents and dies then legal heirs become party. Can application is filed against 340 crpc
Yes if the legal heirs are relying on the false documents to substantiate the case than 340 crpc Now BNSS 379 can be filed .
I had a word with him two weeks ago n he heard me so patiently .sadly he is too expensive that unfortunately I could not afford him as well but I appreciate for the way he helped me out to put my execution an end n moved to the other court now to seat from the scratch to prove my mother wrong . as I m dealing with mown narcissistic mother who has filed a false case of dv against me . tribunal court dismissed the case after seeing my conduct n evidences n in family court it is pending as she has not filed the income affidavit n in mm court the judge is so biased that it is not coming to an end despite being sold with my evidences .
क्या बार काउंसिल ऑफ राजस्थान या BCI को perjury सुनने की अधिकारिता है l
M bhut mushkil may hu please help me 🙏
What if the judge asks to file revised affidavits after filing 340 crpc application ..?
You can file revised but if there are no changes you need not to file
@@AtulayNehraAdvocate If wife has suppressed her house property and house property income , after obtaining proof if husband files 340 application with proof and judge asked the women to file fresh affidavit instead of punishing her what to do ..?
hello police chargesheet oath per file hua aisa mana jati he kya
Sir complainant has submitted in his complainant , that
'He had received a Cheque dated 15.12.15, and did not present for clearance on the request of accused, thereafter validity expired. Thus couldn't recover from accused via same cheque.
Whereas compliant was filed in court on 10.02.16.(prior to expiry of validity of cheque).
Sir please suggest is this perjury, when can application be moved in Court.🙏
Kya Judgement ke bad same case Mai, 340 lagaya ja sakta hai.
जी हाँ, बिलकुल लगाया जा सकता है ।
Mera 340 disposed kar diya mm court ne ladki ne bank account or job ko chupaya thaa bank manager ke gawahi bhi ho gye case bhi ragister ho gya thaa 2 year baad case disposed kar diya ye bol kar ke uske bass bacha hai oska kya hoga
बच्चे कि जिम्मदारियों से आप नहीं बच सकते बच्चे का खर्च तो देना ही पड़ेगा , पत्नी के खर्चे के लिए आप रिवीज़न में जा सकते हैं
Or when will it be best for him to file 340 plz suggest we will be highly obliged
Can a compliant under Cr Pc 340 is permisable to file before consumer court. My case is like that in a identicle matter two cases are field before consumer court in one case one different affidavit is filed and in another case one another different affidavit is filed on the same facts
The object of Section 340 CrPC is to ascertain whether any offence affecting the administration of justice has been committed in relation to any proceedings before or any document produced/ given in evidence in Court, in your case affidavit is falsely filed.
If someone has been involved in a case and he was present somewhere else (and he has it's documentary proof) when the incident happened can he file 340 against the complainant after her WS
In case of alibi , the evidence need to be extremely strong and validated . Than only file 340.
Hi sir
Can I join you?
Would love to learn from you and help society.
Please feel free to send you resume to my email ID
Sir, in one case, I am on behalf of the husband by the opposition and the case of maintenance has been presented by the prayer wife under section 125. Under the Code of Criminal Procedure, false information was given by the wife in the affidavit ordered by the Supreme Court and we also provided our complete information and luckily some documents were provided to us from the Gmail account of the woman which was through mail. . They were received and some documents were received from the side of linking to us while doing the work of the woman at present and during the period of guidance, whose printouts we presented in the court after receiving the information about the Gmail account and the account of linking by the woman. has been closed. Now what can we do regarding which you can kindly guide.
Chetan please feel free to call to explain the situation , there are numerous options which can help you to receive information.
Sir my question is
Affidavit dete time opposition job nahi kar rahi. Aur wo mention bhi kiya.....aur uske 2 months baad job karne lagi. Us condition m hum kya kar sakte hain?
File application under Section 91 crpc
Sir, Is Perjury also applicable in civil case? Can we file perjury application in civil court? Please advice.
Yes.
Lower court se deside case me
Apealiy court me 340 lag sakti h kya
नहीं 340 केवल उसी कोर्ट के समक्ष होगी जहां केस चल रहा हो
Sir, if someone is doing character assssinaton specially of a women then then how to prove that it is wrong
Documentary evidence is required
police chargesheet me IO k false statement k against me IO k khilaf perjury dal sakte he?
No - 173(8) crpc can be filed
how to contact you sir i want to show my 498a case and divorce case in both cases alligation are different on affidavit
Please feel free to call on my number available online.
Atulay ji, Can call detail report be used as evidence in 340 Crpc Applications?
Yes, CDR can be used to substantiate your submissions.
no answer
Sar agar court Mai jirah ya batzit argument mai agar galat galat baate kahi Jaa Rahi ho or judge sahab unko sunti ya record par leti hai to kaya us douran bhi crpc 340 file ki Jaa sakti hai agar galat baatay document ke roop mai Naa ho
340 केवल शपथपत्र पर कहे गये कथनों के विरुद्ध बनती है ।
Never seen a wife prosecuted for 340 who speaks nothing but the lie.
sir meri wife ne 125 crpc or Hma 24 me juuth bola ki mai job nhi krti but mene evidence de diya to ab kya 340IPc perjury lg skti h kya or real me punishment b milti h jese ki likha gya h 3upto 7year imprisonment kya sir jail hoti h wife ko ja phir aise hi likha gya h 340IPC me plz sir reply me 🙏🙏
Aise hi likha hai, 340crpc dalne se aur kuch ho na ho parties ko bhukar jarur chadh jata hai. Go ahead and file it.
Sir agar wife nai apne neha vs rajneesh wale habit debit mai apni khud ki income 50,000 p/m declare kar rakhi hai income if you are employed wale section mai jiski mere pass court ki certified copy hai to kya wife supplemntry habit debit laga kar yeh kah sakti kya yeh usne mistake se fill kar di hai to isliye mera suplemntry habit debit read kiya jaye
In 125 crpc
No , a submission on oath cannot be taken back.
@@AtulayNehraAdvocate thanks for your reply sir
You are living in fools paradise. Judges treat informing perjury and forgery as thankless job of a citizen, as his burden. 340=is a bogus section enacted by colonisers, unfortunely worked at in free india.