• False claim on other's property

My distant cousin falsely claims that she is having possession of a portion of our house in the village. She has filed a civil suit in the court of ACJM stating that she owns the portion and she has possession of the same. We can prove her wrong in court. 

Can we prosecute her under IPC 209? Any other suggested steps for us.
Asked 7 years ago in Civil Law

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7 Answers

making false statement on oath amount to perjury and is an offence

2) Section 191 makes the giving of false evidence an offenceand is punishable under Section 195.

3) The giving of false evidence is the practice to play fraud upon the Court by making it believe as true that which the deponent does not believe to be true. The offence is thus contempt of the Court, and the Criminal Procedure Code, therefore, requires that it must sanction a prosecution of the accused.

4) In the case of Baban Singh v. Jagdish Sitigh, the Supreme Court held that where a false affidavit is sworn by a witness in a proceeding before a Court, the offence would fall under Sections 191 and 192. Such witness could be punished under Sections 191 and 192 of I.P.C.

Ajay Sethi
Advocate, Mumbai
95222 Answers
7612 Consultations

5.0 on 5.0

340. Procedure in cases mentioned in section 195.

(1) When upon an application made to it in this behalf or otherwise any court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that court, such court may, after such preliminary inquiry, if any, as it thinks necessary,-

(a) Record a finding to that effect;

(b) Make a complaint thereof in writing;

(c) Send it to a Magistrate of the first class having jurisdiction;

(d) Take sufficient security for the appearance for the accused before such Magistrate, or if the alleged offence is non-bailable and the court thinks it necessary so to do send the accused in custody to such Magistrate; and

(e) Bind over any person to appear and give evidence before such Magistrate.

(2) The power conferred on a court by sub-section (1) in respect of an offence may, in any case where that court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the court to which such former court is subordinate within the meaning of sub-section (4) of section 195.

3) you can afile application under section 340 cr pc

Ajay Sethi
Advocate, Mumbai
95222 Answers
7612 Consultations

5.0 on 5.0

1.It appears some civil suit is filed.

2. If that is so then fighting it on merit is only option left.

3. Unless any forged documents is filed n court in support of her claim you can not file petition u/s 340 crpc.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

My distant cousin falsely claims that she is having possession of a portion of our house in the village. She has filed a civil suit in the court of ACJM stating that she owns the portion and she has possession of the same. We can prove her wrong in court.

Can we prosecute her under IPC 209? Any other suggested steps for us.

First you prove her claim a wrong and fake and get her case dismissed.

After that you can plan to sue her invoking appropriate laws to claim compensation for the grievances cause to you.

The fraudulent an dishonest motives behind her case may be proved before court to take any further action on it.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

Is 340 Cr P C also applicable?

Instead you can try the option of filing a private complaint under section 499 and 500 IPC seeking legal action for criminal defamation and also suitable compensation in terms of a civil defamation suit.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

1. You can certainly file a criminal case against her u/s209 of IPC for falsely claiming her share of the property before the Court.

2. Before filing the above crimnal case against her, you shall have to bee very sure that you shall have to prove her claim as false as otherwise she can file a case against you u/s211 of IPC.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

The section 340 of IPC is not applicable herein since there has been no event of wrongful confinement involved in the instant case.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

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