Friday 9 February 2024

Questions and answers on law (Part 64)

Q 1:-  What is basic concept of giving false evidence ?

Ans:- s 191 of CPC_ Giving false evidence.—Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.

Explanation 1.—A statement is within the meaning of this section, whether it is made verbally or otherwise.

Explanation 2.—A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.


(aA, in support of a just claim which B has against Z for one thousand rupees, falsely swears on a trial that he heard Z admit the justice of B's claim. A has given false evidence.

(bA, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that which he knows to be false, and therefore gives false evidence.

(cA, knowing the general character of Z's handwriting, states that he believes a certain signature to be the handwriting of ZA in good faith believing it to be so. Here A's statement is merely as to his belief, and is true as to his belief, and therefore, although the signature may not be the handwriting of ZA has not given false evidence.

(dA, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not knowing anything upon the subject. A gives false evidence whether Z was at that place on the day named or not.

(eA, an interpreter or translator, gives or certifies as a true interpretation or translation of a statement or document, which he is bound by oath to interpret or translate truly, that which is not and which he does not believe to be a true interpretation or translation. A has given false evidence.

Q 2:- Whether there are any restrictions  for arrest and detention of judgment debtor in execution of money decree?

Ans:- Article 11 of the International Covenant on Civil and Political Rights (ICCPR) seeks to prevent the arrest of any person on the grounds of non-fulfilment of a contractual obligation. The matter came up before the Supreme Court in Jolly George Varghese v. Bank of Cochin(1980) 2 SCC 360. The Court therein went into a wide discussion on Section 51of CPC and Article 11 of the ICCPR to harmoniously construct them. The Court stressed the fact that the wordings of the section do not punish a person for the sole reason of not fulfilling an obligation. The Court has to mandatorily undertake an enquiry as to whether the person has the means to make the payment of the sum or not. If he does not, he cannot be arrested or detained. There has to be active attitude of refusal to pay, bad faith or malice involved on the part of the judgment-debtor due to which he evades his liability which is different from “a simple default to discharge” and “mere indifference to pay”.18 As per Krishna Iyer, J.

Q 3 :- What is manodharya Scheme of Maharashtra government?

Ans:- The Manodhairya scheme is a scheme set up by the Maharashtra government to provide financial support and rehabilitation to victims of rape, child sexual abuse, and acid attacks. The scheme allows for compensation up to a maximum of Rs 10 lakh and is implemented by the District Legal Services Authority. The scheme also includes a provision to recover compensation from a victim in cases where the victim turns hostile during the trial or if the case ends in an out-of-court settlement. The compensation amount is kept in a fixed deposit for a period of 10 years, and 75% of the compensation is paid to the victim while 25% is recovered. There have been some challenges in implementing the scheme, including lack of awareness among police and citizens, delay in sanctioning compensation, and lack of awareness among victims and their families.

 Manodhairya has two broad aspects: monetary and rehabilitation. It is the monetary aspect that is focused on and less attention is given to the rehabilitation aspects of the scheme.

• There is a general lack of information on the existence and functioning of the District Trauma Team.

• Other Major challenges faced  during disbursement of the compensation are listed as follows:
-Delay in submission of FIR by the police,
– Address of the victim given is incorrect or vague
– Migration of victim and family post the incident
– No bank details of the victim available
– Non-cooperation of various branches of banks,
– Insufficient Know Your Customer (KYC) documents with the victim
– Undecipherable medical reports
– Non-availability of guardianship certificate.

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