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 .
5 Answers from Attorneys
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.
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
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.
Re: False criminal case
depends on the order of the court and several other factors.
Re: False criminal case
it may be good not to multiply litigation, if you have been acquitted.
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