झूठे मुकदमे से कैसे लड़ें | एमबी.9990274933 | Y Singh, Advocates & law Consultants, Delhi Courts |

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This video tells us about the section 340 cr.p.c. used to fight against false case.


Based on the provided data, it is evident that Sections 340 and 341 of the Code of Criminal Procedure (CrPC) empower the court to take action for perjury in the event of filing a false affidavit [MANSA RAM YADAV
VS STATE OF U P
][MANSA RAM YADAV VS STATE OF U. P. ]. These sections allow the court to initiate proceedings and take appropriate action against the deponent of a false affidavit [Padam Prakash Gupta (D) Through L. Rs. VS Chotey Lal (Dead) Through L. Rs. ].

In certain cases, the court may drop further proceedings if the deponent shows repentance, regret, and assurance that similar mistakes will not recur in the future [Padam Prakash Gupta (D) Through L. Rs. VS Chotey Lal (Dead) Through L. Rs. ]. However, it is important to note that not taking action under Section 340 of the CrPC does not prevent the department from taking appropriate actions against the deponent [S. B. I. NEW DELHI,STAFF CO OPERATIVE HOUSING VS MUNICIPAL CORPORATION OF DELHI].

The filing of a false affidavit amounts to perjury and attracts Section 340 of the CrPC for the initiation of prosecution [Laxmi Sao VS Central Coalfhlds Ltd. ]. It is considered a serious offense, as the affidavit is made under oath and any false statements made therein can mislead the court [Laxmi Sao VS Central Coalfhlds Ltd. ].

It is also worth mentioning that the absence of an affidavit does not necessarily invalidate an application under Section 340 of the CrPC, as the court can still form an opinion that an offense under Section 340 appears to have been committed based on other supportive material [Bhavani Shankar Sharma VS Keshri Singh Chouhan].

In summary, Section 340 of the CrPC empowers the court to take action for perjury in the case of a false affidavit. The court can initiate proceedings and take appropriate action against the deponent, considering factors such as repentance, regret, and assurance of no recurrence. Filing a false affidavit is a serious offense and can lead to prosecution.

My own thoughts on the topic are that the provisions of Section 340 of the CrPC are essential for maintaining the integrity of the judicial process. Filing a false affidavit undermines the trust and credibility of the court. Therefore, it is important for the court to take appropriate action to deter such misconduct and ensure that justice is served. The discretion of the court to drop further proceedings in certain cases allows for a balanced approach, considering the circumstances and the deponent's remorse. However, it is crucial to strike a balance between leniency and upholding the seriousness of the offense to maintain the effectiveness of the legal system.

online appointment whatsapp no. 9990274933. Consultation charges applicable.

Yogander Singh & Associates ,
Advocates and Consultants
District courts and High court of Delhi
Mb. no. 9990274933




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