Magistrate not taking action on false evidence being given in trial

[Anonymous]

In a trial case pending before the Judicial Magistrate, the prosecution is bringing in false evidence, which I have time and again pointed out to the Ld. JM, however, he is not taking any action/paying heed to my cries. What remedy do I have?

[Dr. Ashok Dhamija]

Instead of pointing out verbally about the false evidence, you should file a written / formal application about the production of false evidence (with whatever proof you have) with a prayer to take action in accordance with the provisions of Section 340 of the Criminal Procedure Code in respect of such false evidence. Once you make a formal application, the Magistrate may have to take a decision thereon instead of avoiding it.

If he rejects such application, you’ll the option of challenging such rejection in the higher courts.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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