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1 - 10 of 20 (0.41 seconds)Section 195 in The Code of Criminal Procedure, 1973 [Entire Act]
K.T.M.S. Mohd. And Anr vs Union Of India on 28 April, 1992
"6. The mere fact that a person has made a
contradictory statement in a judicial proceeding is
not by itself always sufficient to justify a prosecution
under Sections 199 and 200 of the Penal Code,
1860 (45 of 1860) (hereinafter referred to as "the
I.P.C."); but it must be shown that the defendant
has intentionally given a false statement at any
stage of the judicial proceedings or fabricated false
evidence for the purpose of using the same at any
stage of the judicial proceedings. Even after the
above position has emerged also, still the court has
to form an opinion that it is expedient in the
interests of justice to initiate an inquiry into the
offences of false evidence and offences against
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public justice and more specifically referred to in
Section 340 (1) of the Cr.P.C., having regard to the
overall factual matrix as well as the probable
consequences of such a prosecution. (See
K.T.M.S. Mohd. and Another Vs. Union of India).
The court must be satisfied that such an inquiry is
required in the interests of justice and appropriate
in the facts of the case.