Legal Question in Criminal Law in India

False criminal case

Can action be taken against complainant and witness under section 193 , 195 , 211 of indian penal code if person is acqitted by court with a judgemant '' defence is not needed as prosecution itself has failed tp prove its charges '' . Is there any time limit for taking action under above sections , what if limit has expired . pls advise .


Asked on 5/09/09, 7:28 am

5 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: False criminal case

there is a term called malicious prosecution. in case you able to prove malice on the part of complainant....u can.

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Answered on 5/11/09, 1:10 am
Pranav Desai PD Legal & Associates

Re: False criminal case

Yes, provided you gave sufficient evidence. Just because you are acquitted may not be a ground for the matter as would be alleged b you.

Therefore, proceed only if you have sufficient evidence against the opponents

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Answered on 5/12/09, 5:15 am
Shrichand Nahar S.V.Nahar, Advocate

Re: False criminal case

Mere acquittal is not sufficient proof of making of false or fabricated evidence.

There is no time limit for the offences enlisted by you. However, the cardinal rule of criminal jurisprudence requires action at the earliest point of time.

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Answered on 5/10/09, 1:34 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: False criminal case

depends on the order of the court and several other factors.

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Answered on 5/09/09, 8:50 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: False criminal case

it may be good not to multiply litigation, if you have been acquitted.

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Answered on 5/09/09, 1:35 pm


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