Wrongly involved in a case what can I do

986 votes

Sir,
In the instance, if you contented the Court with evidence /proof, which satisfies the court that, you were falsely included in the case, that the court will discharge from the false case / such case and you need not contest the trial.

Advocate Krishna Murthy Pasupula LawRato

631 votes

Hi
First you need to defend yourself in the criminal case, by asking the court in which the case was filed to dismiss the charges against you and remove your name from the accused list.

if you have very strong evidence that you were falsely included in the case, then you can approach the high court to quash the case against you u/s 482.

If you have solid evidence you can file a perjury case against the complainant even now u/s 193 of IPC.
Or you can choose to file a case of perjury, defamation and damages after your acquittal in the criminal case.

In India perjury encompasses statement, material and/or any other form of evidence. The use of false material and inconsistent declarations also fall under the category of perjury. For instance, in the Jessica Lall case, it has to be seen whether the sudden invention of two weapons having been used constituted false material. In Zaheera Sheikh case it is her inconsistent declarations and retractions.

The Indian Penal Code (IPC) under Section 191 defines perjury as giving false evidence and by interpretation it includes the statements retracted later as the person is presumed to have given a false statement earlier or later, when the statement is retracted. Under section 191 of IPC, an affidavit is evidence and a person swearing to a false affidavit is guilty of perjury punishable under Section 193 IPC which prescribes the period of punishment as seven years imprisonment.

Hope this helps.

Advocate Rajagopalan LawRato