Legal Question in Criminal Law in India

Criminal case sec : 420 IPC, 408IPC, 406 IPC

I am facing a criminal case in India and trial has started. I would like to know in my case I am falsely implicated and the actual criminals are standing as witnesses. Could the witness be arrested while deposing if we prove he is guilty or he commited the crime or he telling lies or he not producing court admissable proof or he simply abscond and declared untraceable.

Because the nature of case being criminal missappropriation, Fraud & criminal breach of trust, Would it be possible or we have to wait till the verdict and then file separete cases? Your answers will certainely appreciated. Thanks in advance


Asked on 1/31/07, 1:16 am

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

Re: Criminal case sec : 420 IPC, 408IPC, 406 IPC

A criminal trial is governed by Code of Criminal Procedure i.e. Cr.P.C.. Section 319 empowers the Court to proceed against other persons appearing to be guilty of offence. The witness could not be arrested while deposing. If that witness appears to have committed the offence alleged in the trial, then court can add him as an accused and proceed against him in the manner prescribed by law. As far as giving false evidence is concerned, provisions and procedure are different and are explained in section 340 and onwards.

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Answered on 1/31/07, 3:56 am
mrugank patnaik msnp

Re: Criminal case sec : 420 IPC, 408IPC, 406 IPC

witness can proceeded criminaly for comission of crime& giving false evidence.

In your case you should file case against them without waiting to verdict of your case.you should consult with lawyer showing all relevant document.o,k,

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Answered on 1/31/07, 7:25 am

Re: Criminal case sec : 420 IPC, 408IPC, 406 IPC

Firstly all the papers of the case are required to be examined to render exact openion. You are advised to take consultation of a lawyer.Nevertheless,You can file application u/s 340 cr.p.c against the witnesses who depose falsely in court.you can also file application for further investigation in the pending case and can seek direction in this regard.There is no reason to wait for final verdict in the matter.

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Answered on 1/31/07, 11:23 am


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