GUIDANCE IN WRONG WAY

MISINTERRUPTION

 The court plays an important role in our life, an increase in crime rates and the need for justice has become important, now whereas we are talking about justice, the verdict of the court merely and most importantly depends upon the evidence and witness. Now, where many people are unaware of the procedures of the courts are misguided.

The victim gets justices only and only if the witness and evidences are in his/her favour. It is just not for the victim but also for the accused. If all the shreds of evidence are in his favour the verdict is passed in his favor.

Evidence in simple language is proof, which is presented in the court, in front of the judge during the hearings or trails. In short they are the facts presented in the case/court by the advocate of the party to make the case strong.

Evidence can be Physical or documented, now after the amendment in the Evidence Act, Digital Evidences are also accepted by the courts to prove the crime under section 3 of Evidence Act.

But, in most of the cases the evidences are false i.e. the statement made in front of the court is not true.

Section 191, under Indian Penal Code 1860 the statement made by taking an oath in the court, turns to be false or can’t be believed is a shred of false evidence.

Example: suppose Mr Y dies out of suicide but certain people file a petition of murder, though on the crime spot the officer did not found a suicide note, whereas later one of his family members informed the officer about the suicide note, now Mr Y son Mr Z is called to recognize the handwriting of his father,  even after knowing that it is not his father’s handwriting he states that it’s his father’s handwriting is termed as a false statement made by Mr Z.  In this, there is no mistake of the son, and cannot be held liable under section 193 of IPC. The note provided in the court was false.

Providing or misguiding the court with false evidence is termed as a crime under the Indian Penal Code. Any person including the public servant touches or fabricates the evidence have to appear in judicial proceedings.

Misleading and misguiding the court with false evidence by any person will be punished with imprisoning of 7 years along with a fine, whereas any one outside the court is found providing false evidence will be imprisoned with 3 years and fine. It is a non – cognizable offence.

Under section 194 and 195A of Indian Penal Code deals with the person who misleads the court in gracious acts like murder or rape with false evidence.

Remember Courts are made for Justice, misleading or misguiding with false statement can put you in consequences, do not mislead or misguided anyone inside or outside the court.

To be continued...