Complaint under section 209 IPC
5 months ago
In suit for declaration on property, Defendant voluntarily filled additional written statement claiming property which is at 350 feet away from suit schedule property. But, still proceeding with suit, claiming suit schedule property also - Hence, it's false claim. Can I complain to magistrate under section 209 of IPC and other relevant sections if any.
A.Dear client,
You have to file the written objection to that additional statement.
You can counter that case within the same suit.
You have to file the written objection to that additional statement.
You can counter that case within the same suit.
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A.Dear client
Section 209 of the Indian Penal Code (IPC) delineates that any person who, with fraudulent, dishonest, or intent to injure motives, knowingly presents a false claim in a court of justice shall be punishable with imprisonment for a term that may extend to two years and is also liable to a fine. Sub-sections (a) and (b) of Section 209 confer upon the Magistrate the authority to remand an individual into custody during or until the conclusion of the trial. Section 340 of the Code of Criminal Procedure (CrPC) stipulates that if any court, either upon application or otherwise, is of the opinion that it is expedient in the interests of justice to inquire into offenses under clause (b) of subsection (1) of Section 195 of the CrPC, apparent in or related to a proceeding ongoing in the court or concerning a document produced before the court as evidence, it may, following a preliminary inquiry if deemed necessary, make a complaint before a Magistrate of the first class with jurisdiction in the relevant area. Therefore, if you possess confidence grounded in the available evidence regarding the defendant's false claim, you may submit an application under Section 209 in conjunction with Section 340 of the CrPC, seeking an appropriate order for filing a complaint.
Section 209 of the Indian Penal Code (IPC) delineates that any person who, with fraudulent, dishonest, or intent to injure motives, knowingly presents a false claim in a court of justice shall be punishable with imprisonment for a term that may extend to two years and is also liable to a fine. Sub-sections (a) and (b) of Section 209 confer upon the Magistrate the authority to remand an individual into custody during or until the conclusion of the trial. Section 340 of the Code of Criminal Procedure (CrPC) stipulates that if any court, either upon application or otherwise, is of the opinion that it is expedient in the interests of justice to inquire into offenses under clause (b) of subsection (1) of Section 195 of the CrPC, apparent in or related to a proceeding ongoing in the court or concerning a document produced before the court as evidence, it may, following a preliminary inquiry if deemed necessary, make a complaint before a Magistrate of the first class with jurisdiction in the relevant area. Therefore, if you possess confidence grounded in the available evidence regarding the defendant's false claim, you may submit an application under Section 209 in conjunction with Section 340 of the CrPC, seeking an appropriate order for filing a complaint.
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A.Dear Client,
Section 209 IPC states whoever fraudulently or dishonestly or with intent to injure or any person makes in a court of justice any claim which knows to be false, shall be published with imprisonment of either description or a term which may be extended to two years, and also shall be liable to fine. Sub-sections (a) and (b) of Section 209 of the Code give ample power to the Magistrate to remand a person into custody during or until the conclusion of the trial. Section 340 CrPC provides that when upon an application made to it in that behalf or otherwise, any Court is of the opinion that it is expedient in the interests of justice that an inquiry should be made into the offenses under clause (b) of subsection (1) of section 195 CrPC, which appears to have been committed in or relating to a proceeding continuing in Court, or, in respect of a document that has been produced before the court as citing of evidence in that Court, such Court may, after such preliminary inquiry, if any, if it find necessary, and make a complaint before the magistrate of the first class who has jurisdiction in the said area. So, if you are confident based on the evidence available to you about the false claim of the defendant, you may file an application on oath before the Court under Sec.209 read with Sec.340 Cr.PC for an appropriate order in the complaint. Reach out to an Advocate for guidance and steps.
Section 209 IPC states whoever fraudulently or dishonestly or with intent to injure or any person makes in a court of justice any claim which knows to be false, shall be published with imprisonment of either description or a term which may be extended to two years, and also shall be liable to fine. Sub-sections (a) and (b) of Section 209 of the Code give ample power to the Magistrate to remand a person into custody during or until the conclusion of the trial. Section 340 CrPC provides that when upon an application made to it in that behalf or otherwise, any Court is of the opinion that it is expedient in the interests of justice that an inquiry should be made into the offenses under clause (b) of subsection (1) of section 195 CrPC, which appears to have been committed in or relating to a proceeding continuing in Court, or, in respect of a document that has been produced before the court as citing of evidence in that Court, such Court may, after such preliminary inquiry, if any, if it find necessary, and make a complaint before the magistrate of the first class who has jurisdiction in the said area. So, if you are confident based on the evidence available to you about the false claim of the defendant, you may file an application on oath before the Court under Sec.209 read with Sec.340 Cr.PC for an appropriate order in the complaint. Reach out to an Advocate for guidance and steps.
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