Legal Question in Criminal Law in India

Giving / Fabricating False Evidence:

01. I am the original COMPLAINANT; in an offence of forging & fabricating false document in BACK DATE of year 2002, wherein my signature is forged and submitted it to government office in 2008 by using it as genuine, for unlawful advantage. Police obtained Opinion of hand writing expert confirming forgery of my signature and against 2 accused u/s- 420, 465, 467, 468, 471, 201 r/w-34 of I.P.C.Charge-Sheet is filed -- which is pending -- Charges yet to be framed.

02. During investigation Police had taken statement of Mr. Joshi (doing liaison work) who had submitted said forged document to govt. office. He stated to Police that- �2 accused in 2002 visited his office with original of that document (i.e. fabricated one), he made xerox from it, certified it & submitted to Govt. office in 2002 itself�. I obtained copy of this statement of Mr. Joshi in Dec.-2014.

03. But there are 4 documentary evidences proving that fabricated document was submitted by Mr. Joshi in year 2008 and not in 2002. Even Mr. Joshi has deposed under oath, subsequent to giving of said statement to Police, to other Court that he has submitted it in 2008. Thus Mr. Joshi has given false evidence to Police to save him from offence and to create a picture that document is genuine.

My Query:

(a) Can it be construed that Mr. Joshi has given false evidence and/or fabricated false evidence.

(b) Can he be tried under S-191, 192 of IPC and liable for punishment u/s-193 of IPC.

(c) Pending the original Case/Charge-Sheet, can I directly register case against Mr. Joshi at Ld. Magistrate Court u/s- 340 r/w-195 CrPC, instead of going to Police.

(d) OR- it is mandatory to register case at local Police station.

(e) Can Mr. Joshi is considered a part of criminal conspiracy (S-120A of IPC) with 2 Charge-Sheeted accused, because he has submitted forged & fabricated document to Govt. office.

(f) If Mr. Joshi, to save his skin, state that he was not aware that document was forged & fabricated, even then does he becomes a part of criminal conspiracy (S-120A of IPC) with 2 Charge-Sheeted accused.

If possible, esteemed experts are humbly requested to give point wise reply.


Asked on 5/27/16, 11:41 pm

1 Answer from Attorneys
Shailesh Kumar

Point wise lawful advice on the subject can be on payment.

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Answered on 5/28/16, 9:29 pm


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