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Author: ShadesOfKnife

IPC 192 – Fabricating false evidence

Posted on July 17, 2018 by ShadesOfKnife

—Whoever causes any circumstance to exist or makes any false entry in any book or record, or electronic record or makes any document or electronic record containing a false statement, intending that such circumstance, false entry or false statement may appear in evi­dence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so ap­pearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an errone­ous opinion touching any point material to the result of such proceeding, is said “to fabricate false evidence”.

Illustrations

(a) A, puts jewels into a box belonging to Z, with the intention that they may be found in that box, and that this circumstance may cause Z to be convicted of theft. A has fabricated false evidence.
(b) A makes a false entry in his shop-book for the purpose of using it as corroborative evidence in a Court of Justice. A has fabricated false evidence.
(c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in imitation of Z’s handwriting, purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter in a place which he knows that the officers of the Police are likely to search. A has fabricated false evidence.
Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 192 - Fabricating false evidence | Leave a comment

IPC 191 – Giving false evidence

Posted on July 17, 2018 by ShadesOfKnife

—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.

Illustrations

(a) A, 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.
(b) A, 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.
(c) A, knowing the general character of Z’s handwriting, states that he believes a certain signature to be the handwriting of Z; A 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 Z, A has not given false evidence.
(d) A, 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.
(e) A, 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.
Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 191 - Giving false evidence | Leave a comment

Dipanshi And Another Vs State Of U.P. And 3 Others on 21 November, 2016

Posted on July 17, 2018 by ShadesOfKnife

Taking away the list of judgments cited in this judgment from Hon’ble High Court of Allahabad, here is the judgment.

 

The facts would reveal that the second petitioner is aged about 32 years and the first petitioner is merely 18 years, second petitioner despite fully being aware that he has a living spouse, he duped the first petitioner and convinced her to elope with him under a false assurance of second marriage. Thereafter, the second petitioner had audacity to swear a false affidavit before the Court stating that this is his first marriage, thus, indulging in fraud and misrepresentation, both with the first petitioner and with the Constitutional Court. Such conduct cannot be ignored, law has to take its own course.

In regard thereto, false affidavit on oath has been filed by the second petitioner to misrepresent before the Court, which is wilful and deliberate, thus, exposing himself for prosecution under Section 193 IPC. No further enquiry or explanation is required.

Registrar General is directed to lodge a complaint before the competent Magistrate at Allahabad against the second
petitioner for filing false affidavit to mislead the Court. Second petitioner shall be taken into custody forthwith. The first petitioner being adult is let free.

 

Dipanshi And Another Vs State Of U.P. And 3 Others on 21 November, 2016

Index of all Perjury case laws is here.

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged CrPC 340 read with CrPC 195 Dipanshi And Another Vs State Of U.P. And 3 Others | Leave a comment

Dinakar Vs Krishnamurthy on 12 November, 2009

Posted on July 15, 2018 by ShadesOfKnife

This case involves a retired DGP of Karnataka state regarding a murder of one Murugan who along with 2 others broke into DGP’s house on a fateful date. The petitioner Dinakar, on behalf of the said Muragun, has tried to file a case, but in vain. Hence he approached the Home Minister of Karnataka and NHRC ar Delhi. On this the DGP was aggrieved and filed a defamation case on Dinkar. Dinakar filed many applications at various fora praying that the defamation case be dismissed and in this regard he challenged the jurisdiction and power of taking cognizance of case by Chief Metropolitan Magistrate, which was brought before Hon’ble High Court of Karnataka in the instant case.

 

There were interesting arguments and counter-arguments supported by judgments of various High Courts and their Division Benches and also Hon’ble Apex Court. Read on.

 

Dinakar Vs Krishnamurthy on 12 November, 2009
Posted in High Court of Karnataka Judgment or Order or Notification | Tagged CrPC 16(3) - The Jurisdiction and Powers of Every Metropolitan Magistrate Shall Extend Throughout the Metropolitan Area CrPC 19(3) - The Chief Metropolitan Magistrate may make rules or give special orders consistent with this Code CrPC 397(3) - Second Revision is Not Permissible Dinakar Vs Krishnamurthy | Leave a comment

Asit Bhattacharjee Vs MS. Hanuman Prasad Ojha & Ors on 15 May, 2007

Posted on July 15, 2018 by ShadesOfKnife

In this judgment by Hon’ble Apex Court, it is held that,

The necessary ingredients for proving a criminal offence must exist in a complaint petition. Such ingredients of offence must be referable to the places where the cause of action in regard to commission of offence has arisen. A cause of action as understood in its ordinary parlance may be relevant for exercise of jurisdiction under Clause (2) of Article 226 of the Constitution of India but its definition stricto sensu may not be applicable for the purpose of bringing home a charge of criminal offence. The application filed by the appellant under Section 156(3) of the Code of Criminal Procedure disclosed commission of a large number of offences.

 

Asit Bhattacharjee Vs MS. Hanuman Prasad Ojha & Ors on 15 May, 2007
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Asit Bhattacharjee Vs MS. Hanuman Prasad Ojha and Ors Territorial Jurisdiction | Leave a comment

Fareed Ahmed Qureshi Vs State of Maharashtra on 7 March, 2018

Posted on July 14, 2018 by ShadesOfKnife

An order for inquiry for perjury was passed by Hon’ble Bombay High Court under section 340 of Cr.P.C against offences under sections 193, 196, 199, 200 and 209 of IPC.

Fareed Ahmed Qureshi Vs State of Maharashtra on 7 March, 2018

 

This Order was set aside by Apex Court here.

Posted in High Court of Bombay Judgment or Order or Notification | Tagged CrPC 340 read with CrPC 195 Perjury - Approached Court with Unclean Hands Perjury Under Section 340 CrPC | Leave a comment

Naresh Kavarchand Khatri Vs State Of Gujarat & Anr on 8 May, 2008

Posted on July 14, 2018 by ShadesOfKnife

Hon’ble High Court of Gujarat has passed an order to transfer a case from Vadodara to another police station having territorial jurisdiction or to CID Crime or any other independent agency. This without the notice to/knowledge of the original complainant. Read on.

From Para 5,

The informant was not impleaded as a party therein. No notice was issued on the said appeals. No reason has been assigned. The Court did not advert to the question as to whether it had any jurisdiction to pass the said order. Why such a concession was made by the learned APP on the very first day of hearing is not known.

….

The Court should not interfere in the matter at an initial stage in regard thereto. If it is found that the investigation has been conducted by an Investigating Officer who did not have any territorial jurisdiction in the matter, the same should be transferred by him to the police station having the requisite jurisdiction.

From Para 6,

It is of some significance that the High Court exercised its jurisdiction even without notice to the petitioner. The investigation has to be carried out on the basis of the allegations made. The first informant is required to be examined; statements of his witnesses were required to be taken; the accused were also required to be interrogated.

The undue haste with which the High Court has exercised its jurisdiction, in our opinion, should not be encouraged.

Finally,

We, therefore, are of the opinion that it is not a case where we should refuse to exercise jurisdiction under Article 136 of the Constitution of India. We, therefore, set aside the impugned orders. Consequently, the charge sheets filed by the Wagodhia Police Station stand set aside. The concerned Police Officer of Vadodara Police Station would initiate appropriate investigation in the matter in accordance with law.

Naresh Kavarchand Khatri Vs State Of Gujarat & Anr on 8 May, 2008
Posted in Supreme Court of India Judgment or Order or Notification | Tagged FIR Transfer Set Aside Naresh Kavarchand Khatri Vs State Of Gujarat and Anr | Leave a comment

Aaisha Uttarwar Vs State of Chhattisgarh on 29 April, 2016

Posted on July 14, 2018 by ShadesOfKnife

Peculiar case here. A writ petition is filed seeking to challenge the transfer of a zero FIR registered from a PS in Chhattisgarh to a PS in Telangana.

Case Brief:

  1. Marriage happened at Bilaspur.
  2. Alleged instances of dowry-related cruelty happened at Secunderabad.
  3. Due to this cruelty Knife goes back to parent’s home and files 498A case at Bilaspur.
  4. Complaint is turned into a zero FIR at Bilaspur.
  5. After preliminary inquiry/examination, SP of Bilaspur transferred the case to Alwal PS through DSP Secunderabad for further investigation holding that the place of occurrence falls within the territorial jurisdiction of Police Station Alwal.

Argument made is that the Officer In-charge of the police station was obliged to investigate the offence completely and without completion of the investigation, it was not within the jurisdiction of the Superintendent of Police, to transfer the F.I.R./case diary to the Police Station Alwal, District Secunderabad (Telangana) for further investigation and therefore, the order of transfer of F.I.R./case diary to the Police Station Alwal, District Secunderabad (Telangana) is unsustainable in law and therefore, order dated 09/07/2015 passed by Superintendent of Police be set-aside and Station House Officer, Police Station Tarbahar Bilaspur be directed to investigate the offence completely and respondent No. 2 be directed to send back the case diary back to Police Station Tarbahar Bilaspur for investigation of the matter.

Finally,

As the offence under Section 498-A of the IPC being cognizable, the Station House Officer, Tarbahar Bilaspur (Chhattisgarh) was obliged to investigate the said offence completely by virtue of provisions contained in Section 156(1) of the Cr.P.C., and unless, the investigation of said crime is completed fully as per procedure laid down in Cr.P.C., F.I.R. could not have been directed to be transferred and such a direction is contrary to law laid down by Their Lordships of Supreme Court in Satvinder Kaur (supra).

Aaisha Uttarwar Vs State of Chhattisgarh on 29 April, 2016
Posted in High Court of Chhattisgarh Judgment or Order or Notification | Tagged Aaisha Uttarwar Vs State of Chhattisgarh FIR Transfer Set Aside Transfer of Criminal Case Zero FIR to be Filed Investigated and Transferred | Leave a comment

Ramesh Kumari Vs State (N.C.T. Of Delhi) And Ors on 21 February, 2006

Posted on July 14, 2018 by ShadesOfKnife

This is another judgment of Hon’ble Supreme Court, wherein it is held FIR has to be mandatorily registered for every Cognizable Offence reported in a Police Station. If the accused is a police official, CBI can file case and investigate it.

 

Ramesh Kumari vs State (N.C.T. Of Delhi) And Ors on 21 February, 2006
Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 154 - Information in Cognizable Cases Ramesh Kumari Vs State (N.C.T. Of Delhi) And Ors | Leave a comment

Krishna Veni Nagam Vs Harish Nagam on 9 March, 2017

Posted on July 13, 2018 by ShadesOfKnife

In just judgment, Hon’ble Apex Court held that

in matrimonial or custody matters or in proceedings between parties to a marriage or arising out of disputes between parties to a marriage, wherever the defendants/respondents are located outside the jurisdiction of the court, the court where proceedings are instituted, may examine whether it is in the interest of justice to incorporate any safeguards for ensuring that summoning of defendant/respondent does not result in denial of justice. Order incorporating such safeguards may be sent along with the summons.
The safeguards can be:-
i) Availability of video conferencing facility.
ii) Availability of legal aid service.
iii) Deposit of cost for travel, lodging and boarding in terms of Order XXV CPC.
iv) E-mail address/phone number,

Krishna Veni Nagam Vs. Harish Nagam on 9 March, 2017

Citations : [2017 SCC 4 150], [2017 SCC ONLINE SC 236], [2017 AIR SC 1345], [2017 CTC 2 457], [2017 CDR SC 2 202], [2017 AJR 2 462], [2017 ALR 122 905], [2017 ALT 5 4], [2017 ALD 3 151], [2017 BOMCR 3 62], [2017 CLT 123 1054], [2017 DMCSC 2 173], [2017 GLT 2 29], [2017 JKJ SC 2 35], [2017 KHC 2 380], [2017 KLJ 2 549], [2017 KLT 2 593], [2017 LW 3 721], [2017 MPLJ 3 344], [2017 MHLJ 4 764], [2017 OLR 1 1033], [2017 RCR CIVIL 2 358], [2017 SCALE 3 471], [2017 SCJ 6 392], [2017 WBLR SC 3 622], [2017 WLN SC 2 26], [2017 SCC CIV 2 394]

Other Sources:

https://indiankanoon.org/doc/43287493/

https://www.casemine.com/judgement/in/58ca392a2713e10674449271


This judgment is overruled in Santhini Vs Vijaya Venketesh here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Issued or Recommended Guidelines or Directions or Protocols to be followed Krishna Veni Nagam Vs. Harish Nagam Overruled Judgment Reportable Judgement or Order Transfer Petition Use Technology For Justice | Leave a comment

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