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What Are The Sections Attract For Submit False Stridhan Bills In Court


06-Apr-2023 (In Criminal Law)
Wife submitting false Stridhan Bills in CAW and Domestic violence complaint/petition, Shopkeeper written statement received through RTI from GST department, May i know What relevant sections attract of said offence.
Answers (4)

Answer #1
689 votes
The sections under the Indian Penal Code, 1860 (IPC) that are attracted for submitting false Stridhan bills in Court are as follows:

1. Section 191 - Giving false evidence: Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished as per Section 193 with imprisonment of either description for a term which may extend to 7 years, and shall also be liable to fine.

2. Section 192 - Fabricating false evidence: Whoever causes any circumstance to exist or makes any false entry in any book or record, or makes any document containing a false statement, intending that such circumstance, false entry, or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry, or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding, shall be punished as per Section 193 with imprisonment of either description for a term which may extend to 7 years, and shall also be liable to fine.

3. Section 193 - Punishment for false evidence: Whoever intentionally gives or fabricates false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to 7 years, and shall also be liable to fine.

4. Section 196 - Using evidence known to be false: Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished with imprisonment of either description for a term which may extend to 7 years, and shall also be liable to fine.

It is worthwhile to know that in order to prove a claim for stridhan without submitting bills, one can provide any other evidence that can establish the ownership and existence of the stridhan. Here are some ways to prove a claim for stridhan:

1. Testimony of witnesses: The claimant can present witnesses who can testify about the stridhan and its ownership.

2. Photographs: If there are photographs of the stridhan, they can be presented as evidence.

3. Jewelry inventory: An inventory of the stridhan jewelry prepared at the time of the wedding can be used as evidence.

4. Personal belongings: Any personal belongings such as clothes, cosmetics, and accessories that are typically part of a woman's trousseau can be used to establish the existence of stridhan.

5. Bank statements: If the stridhan was purchased through a bank transaction, the bank statements can be used to prove ownership.

6. Letters or messages: Any correspondence, such as letters or text messages, that refer to the stridhan can be used as evidence.

Please bear in mind that while bills are a convenient form of evidence, they are not the only way to prove ownership of stridhan. The key is to provide any evidence that can help establish the ownership and existence of the stridhan.
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People also ask

What is not included in stridhan?

Both movable and non-movable assets are included in the wealth. The stridhan has no upper limit. The amount can be any. Streedhan does not apply to gifts made by a wife to her husband before and after their marriage. 15-Nov-2019

How do I make a stridhan list?

List all of your stridhan, and then sort them into categories such as cash, jewelry, property, other valuables etc.

What proof is required for stridhan?

Stridhan includes any property that was left to her in a will, either by her father or husband, or by another family member. It is not a legal document nor does it have any form of documentation. There was no registration that would label her assets as Stridhan.

What is the list of stridhan?

Streedhan is the collective term for all gifts, ornaments and cash that a woman may receive from her friends and family, before, during and after marriage, childbirth, and widowhood. This includes gifts from both her family and her in-laws. 21-Feb-2022

  
Answer #2
925 votes
Proceedings before CAW cell is not a judicial proceeding thereby you cannot initiate any legal action per se for submitting false evidence. However you can give the RTI reply of the shopkeeper to the IO to prove your innocence. I am sure some sort of notice under 91 crpc or 41A must have been served upon you by them. You can only initiate action against them after CAW gives you a clean chit as the investigation presently is still on.

Coming to your DV act proceedings, as these proceedings are before court and are considered as judicial proceedings you can file a perjury application before the very same court where your DV act complaint case is pending. Following section will apply :-

Section 193 in The Indian Penal Code
193. Punishment for false evidence.—Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabri­cates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine, and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either de­scription for a term which may extend to three years, and shall also be liable to fine. Explanation 1.—A trial before a Court-martial; 1[***] is a judicial proceeding. Explanation 2.—An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice. Illustration A, in an enquiry before a Magistrate for the purpose of ascer­taining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence. Explanation 3.—An investigation directed by a Court of Justice according to law, and conducted under the authority of a Court of Justice, is a stage of a judicial proceeding, though that inves­tigation may not take place before a Court of Justice. Illustration A, in any enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding. A has given false evidence.

Answer #3
505 votes
I have perused the contents of your query and would advise you to seek a detailed consultancy from a lawyer having expertise in matrimonial cases. Appropriate reply needs to be filed and an application for perjury can be filed.
Answer #4
793 votes
any person who submits false affidavit in court is liable to be proceeded under Section 340 crpc for which a complaint has to be filed by you. this amounts to perjury and there is a designated process for it. the offences involved are from section 193-211 of IPC however you need sanction of court to proceed against your wife. so file an application under section 340 crpc.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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