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Tag: IPC 211 – False charge of offence made with intent to injure

S.Mukanchand Bothra Vs Rajiv Gandhi Memorial Educational Charitable Trust Chennai and Ors on 22 December, 2015

Posted on February 28, 2021 by ShadesOfKnife

Distinguishing the law laid down by Apex Court in Perumal Vs Janaki, Single Judge bench of Madras High Court held that, Investigating officers can not be made liable for perjury (filing false affidavits) in cases where accused was acquitted after trial.

S.Mukanchand Bothra Vs Rajiv Gandhi Memorial Educational Charitable Trust Chennai and Ors on 22 Dec 2015

Citations : [2015 SCC ONLINE MAD 11421]

Other Sources :

https://indiankanoon.org/doc/139009470/

https://www.casemine.com/judgement/in/5728e0c8e561092708a3b8c4

https://www.legitquest.com/case/s-mukanchand-bothra-v-rajiv-gandhi-memorial-educational-charitable-trust-chennai-others/973BF

Posted in High Court of Madras Judgment or Order or Notification | Tagged CrPC 340 read with CrPC 195 IPC 211 - False charge of offence made with intent to injure IPC 218 - Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture Perjury Under 340 CrPC S.Mukanchand Bothra Vs Rajiv Gandhi Memorial Educational Charitable Trust Chennai and Ors | Leave a comment

Santokh Singh Vs Izhar Hussain and Anr on 25 Apr 1973

Posted on February 28, 2021 by ShadesOfKnife

A 2-judge bench held that Police can not be saddled with IPC 211 and prosecuted u/s 340 CrPC read with 195 CrPC.

From Para 8,

8. In this Court, Shri Gupta has very forcefully contended that on the material on the record this direction is wholly unjustified, if not positively illegal, being based on misreading of evidence and on erroneous view of law. According to the submission, the appellant had neither lodged the FIR nor otherwise instituted any criminal proceeding or falsely charged Izhar Hussain within the contemplation of Section 211 IPC. Besides, there is absolutely no material on the record on which the High Court could have formed an opinion that it is expedient in the interest of justice that a complaint under Section 211 IPC should be filed against the appellant.

From Para 10,

… The short question posed, therefore, is, if by giving false evidence as a witness against Izhar Hussain the appellant can be said to have charged him within the contemplation of Section 211 IPC. If this question is answered in the affirmative, then it will have to be determined whether there is in fact a false accusation and finally whether it is expedient in the interest of justice on the facts and circumstances of the present case to direct a complaint to be filed under Section 211 IPC. This section as its marginal note indicates renders punishable false charge of offence with intent to injure. The essential ingredient of an offence under Section 211 IPC is to institute or cause to be instituted any criminal proceeding against a person with intent to cause him injury or with similar intent to falsely charge any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge. Instituting or causing to institute false criminal proceedings assume false charge but false charge may be preferred even when no criminal proceedings result. It is frankly conceded by Shri Kohli that the appellant cannot be said to have instituted any criminal proceeding against any person. So that part of Section 211 IPC is eliminated. Now, the expression “falsely charges” in this section, in our opinion, cannot mean giving false evidence as a prosecution witness against an accused person during the course of a criminal trial. To “falsely charge” must refer to the original or initial accusation putting or seeking to put in motion the machinery of criminal investigation and not when speaking to prove the false charge by making deposition in support of the charge framed in that trial. The words “falsely charges” have to be read along with the expression “institution of criminal proceeding”. Both these expressions, being susceptible of analogous meaning should be understood to have been used in their cognate sense. They get as it were their colour and content from each other. They seem to have been used in a technical sense as commonly understood in our criminal law. The false charge must, therefore, be made initially to a person in authority or to someone who is in a position to get the offender punished by appropriate proceedings. In other words, it must be embodied either in a complaint or in a report of a cognizable offence to the police officer or an officer having authority over the person against whom the allegations are made. The statement in order to constitute the “charge” should be made with the intention and object of setting criminal law in motion. Statement on oath falsely supporting the prosecution case against an accused person more appropriately amounts to an offence under Sections 193 and 195 IPC and not under Section 211 IPC. We do not think that the offences contemplated by Sections 193/195 IPC on the one hand and Section 211 IPC on the other were intended by the legislature in this context, to overlap so as to make it optional whether to proceed under one or the other. ..…

Santokh Singh Vs Izhar Hussain and Anr on 25 Apr 1973

Citations : [1973 AIR SC 2190], [1974 BLJR 22 877], [1973 SCC 2 406], [1974 SCR 1 78], [1973 CAR 316], [1973 CRLR SC 473], [1973 SCC CR 828], [1973 SCC CRI 828], [1973 CRLJ SC 1176]

Other Sources :

 

https://www.casemine.com/judgement/in/5609ab94e4b014971140cd11

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 340 read with CrPC 195 IPC 211 - False charge of offence made with intent to injure Landmark Case Legal Procedure Explained - Interpretation of Statutes Perjury Under 340 CrPC Reportable Judgement or Order Santokh Singh Vs Izhar Hussain and Anr | Leave a comment

A.Radhika Vs Wilson Sundararaj on 26 Feb 2021

Posted on February 28, 2021 by ShadesOfKnife

Citing landmark judgments, Madras High Court held that Investigating Officer cannot made liable u/s 211 IPC and based on another decision by Madras High Court here said such officers may be proceeded u/s 218 IPC which does not come under the procedure of 340 CrPC r/w 195 CrPC.

From Para 21,

21. The above judgements set out the procedure while dealing with an application under Section 340, Cr.P.C. Firstly, in order to initiate proceedings under Section 340,Cr.P.C., an application has to be made to the Court upon which the Court can initiate an inquiry into any offence referred to in Section 195(1)(b), in respect of a document produced or given in evidence in a proceeding in that Court. Secondly, offences as set out in the complaint have to be made out. In the present case, the complainant alleges that an offence under Section 211, I.P.C. has been made out.

From Para 22,

22. In the present case, based on the complaint given by one Mr. Rajamani, the FIR was registered by the F-2 Police Station, Egmore and the arrest was also carried out by the said police. The Petitioner came into the scene only at a later point of time when the case was transferred to the file of the CBCID. The language used under Section 211, I.P.C. regarding false charge can only relate to the original or initial accusation through which the criminal law was set in motion. Admittedly, it was not the Petitioner who had set the criminal law in motion. That apart, as held in Iqbal Singh Marwah’s Case (cited supra) the offences referred to under Section 195(1)(b), Cr.P.C. will get attracted only with respect to a document after it has been produced or given in evidence in a proceeding in any court i.e. during the time when the document was in custodia legis.

And finally from paras 24 and 25,

24. This Court after considering the judgement of the Hon’ble Supreme Court in Perumal v. Janaki (cited supra) has come up with this fine distinction in the case of S.Mukanchand Bothra (cited supra). That apart, the facts of the present case is clearly distinguishable from the facts of the case dealt with by the Hon’ble Supreme Court in Perumal v. Janaki.
25. In view of the above discussion, this Court holds that the offence under Section 211, I.P.C. has not been made out against the Petitioner. The Respondent cannot pick and choose certain observations made by the trial court and this Court, and make it a basis for filing an application under Section 340, Cr.P.C. to punish the Petitioner under Section 211, I.P.C.

Silver lining from para 26,

26. A careful reading of the petition filed by the Respondent at the best makes out a case for malicious prosecution. In a case of malicious prosecution, which gives rise to a tortious liability, only a suit for damages can be filed by establishing the ingredients to maintain such a suit. The grounds for maintaining a suit for malicious prosecution cannot form the basis for filing a petition under Section 340, Cr.P.C. since it has to independently satisfy the requirements of Section 195(1)(b), Cr.P.C.

A.Radhika Vs Wilson Sundararaj on 26 Feb 2021

Citations :

Other Sources :

 

Posted in High Court of Madras Judgment or Order or Notification | Tagged A.Radhika Vs Wilson Sundararaj CrPC 340 - Quashed IPC 211 - False charge of offence made with intent to injure Perjury Under 340 CrPC S.Mukanchand Bothra Vs Rajiv Gandhi Memorial Educational Charitable Trust Chennai and Ors | Leave a comment

State of Andhra Pradesh Vs M Srinivasa Rao on 28 August 2020

Posted on August 31, 2020 by ShadesOfKnife

See Supreme Court deprecated the unethical practice of State Government of Andhra Pradesh in this Order… Hehehe

State of Andhra Pradesh does it again! The incorrigible inefficiency in filing appeal is apparent from page 78 where the present special leave petition has been filed after a delay of 455 days. In view of Post Master General & Ors. v. Living Media India Ltd. & Anr.reported in (2012) 3 SCC 563 there are no more acceptable excuses. These are matters brought before the Court only to obtain a certificate of dismissal to put a quietus to the matter. We strongly deprecate the same.

State of Andhra Pradesh Vs M Srinivasa Rao on 28 August 2020

The earlier judgment from erstwhile High Court of AP.

M.Srinivasa Rao Vs The State of A.P. on 28 August 2018

A complete indexed and mess-wise segregated collection of reprimands received by this incumbent State Government of YSRC Party are here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 340 - Dismissed/Rejected IPC 211 - False charge of offence made with intent to injure Reprimands or Setbacks to YCP Govt of Andhra Pradesh | Leave a comment

Perumal Vs Janaki on 20 January, 2014

Posted on April 21, 2019 by ShadesOfKnife

Another landmark judgment from Justice Jasti Chalameswar on the Supervisory Authority of High Courts on Lower Courts in a state and how and why it should have been invoked in this case gainfully. If not under 193 IPC, invocation of 211 IPC was very much desirable in this case.

Another observation is that one can file Perjury under section 340 CrPC even after getting acquittal.

Perumal Vs Janaki on 20 January, 2014

Citations : [2015 NCC 1 678], [2014 SCC 5 377], [2014 SCC CRI 2 591], [2014 SCC ONLINE SC 46], [2014 CTC 1 664], [2014 AIC 135 224], [2014 AIOL 32], [2014 AIR SC 993], [2014 BOMCR CRI SC 2 70], [2014 CRLJ SC 1454], [2014 JT 2 180], [2014 SCALE 1 406], [2014 SLT 1 680], [2014 KLJ 1 688], [2014 AICLR 1 828], [2014 MLJ CRI 1 505], [2014 RAJ 1 30], [2014 SCJ 3 152], [2014 LW CRL 1 793], [2014 KCCR SN 3 166], [2014 AIR SCW 993], [2014 RCR CRIMINAL SC 1 851], [2014 CUT LT 118 22]

Other Sources :

https://indiankanoon.org/doc/25369927/

https://www.casemine.com/judgement/in/5609af43e4b0149711415fb6

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 340 - Perjury even after getting acquittal CrPC 340 read with CrPC 195 IPC 193 - Punishment for false evidence IPC 211 - False charge of offence made with intent to injure Landmark Case Legal Procedure Explained - Interpretation of Statutes Perjury Under 340 CrPC Perumal Vs Janaki Reportable Judgement or Order Work-In-Progress Article | Leave a comment

IPC 211 – False charge of offence made with intent to injure

Posted on July 17, 2018 by ShadesOfKnife

—Whoev­er, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;

and if such criminal proceeding be instituted on a false charge of an offence punishable with death, 1[imprisonment for life], or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 211 - False charge of offence made with intent to injure | Leave a comment

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