Legal Question in Criminal Law in India

Court case against false witnesses

Would it be possible to file a case against the witnesses who are deliberately and falsly included in FIR report & Criminal Case?

If yes what would be the IPC section under which it can be done?

The existing case is still in court so would it be feasible to file case against the witnesses?


Asked on 4/12/09, 9:47 am

4 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Court case against false witnesses

Mere assumption or presumption of falsehood is not permissible.

If you have evidence or procure evidence, then you can apply under section 340 Cr.P.C. to the Court for taking action.

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Answered on 4/13/09, 1:25 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Court case against false witnesses

Only if you can prove beyond reasonable doubt you can file a case for perjury in the same court.

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Answered on 4/13/09, 11:12 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Court case against false witnesses

Not at this stage. You may consider proceedings against the witness only after final decision and that too if the witness is declared by the court as having lied in court. There is a separate procedure for "perjury" proceedings u/s 340 Cr P. C which the court may initiate after conclusion of trial.

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Answered on 4/14/09, 9:26 pm
Pranav Desai PD Legal & Associates

Re: Court case against false witnesses

If the witnesses are falsely incuded in the FIR you should report to the superior police officer. How is the witness concerned with this issue. Though it will be difficult for you to prove at this stage that the witnesses are false. You can proceed only if you have sufficient eviddence against the witness

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Answered on 4/15/09, 5:08 am


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