False Evidence and Offences Against Justice under IPC (Section 191-229)

The Indian Penal Code (IPC) Sections 191 to 229 deal with false evidence and offenses against public justice. Here’s an overview of these sections:

Section 191 - Giving False Evidence

  • Definition: Giving a false statement or representation in a legal proceeding.
  • Punishment: Imprisonment up to 7 years and a fine.

Section 192 - Fabricating False Evidence

  • Definition: Creating or causing false evidence with the intent to mislead.
  • Punishment: Imprisonment up to 7 years and a fine.

Section 193 - Punishment for False Evidence

  • Definition: Punishment for intentionally giving or fabricating false evidence.
  • Punishment: Imprisonment up to 7 years and a fine; in certain cases, life imprisonment or up to 10 years and a fine.

Section 194 - Giving or Fabricating False Evidence with Intent to Procure Conviction of Capital Offence

  • Definition: False evidence intended to cause someone to be convicted of an offense punishable by death.
  • Punishment: Life imprisonment or death, and a fine.

Section 195 - Giving or Fabricating False Evidence with Intent to Procure Conviction of Offence Punishable with Imprisonment for Life or for a Term of Seven Years or Upwards

  • Definition: Similar to Section 194, but for offenses punishable with life imprisonment or seven years and upwards.
  • Punishment: Imprisonment up to 7 years and a fine.

Section 196 - Using Evidence Known to Be False

  • Definition: Using false evidence in a judicial proceeding.
  • Punishment: Same as for giving or fabricating false evidence.

Section 197 - Issuing or Signing False Certificate

  • Definition: Issuing or signing a false certificate.
  • Punishment: Imprisonment up to 3 years and a fine.

Section 198 - Using as True a Certificate Known to Be False

  • Definition: Using a false certificate as genuine.
  • Punishment: Same as for the person who issued or signed the false certificate.

Section 199 - False Statement Made in Declaration Which is by Law Receivable as Evidence

  • Definition: Making a false statement in any declaration which is by law receivable as evidence.
  • Punishment: Imprisonment up to 7 years and a fine.

Section 200 - Using as True Such Declaration Knowing It to Be False

  • Definition: Using a false declaration as true.
  • Punishment: Same as for the person who made the false declaration.

Section 201 - Causing Disappearance of Evidence of Offence, or Giving False Information to Screen Offender

  • Definition: Destroying evidence or giving false information to shield an offender.
  • Punishment: Variable based on the offense being concealed.

Section 202 - Intentional Omission to Give Information of Offence by Person Bound to Inform

  • Definition: Deliberately failing to report an offense when obligated to do so.
  • Punishment: Imprisonment up to 6 months or a fine, or both.

Section 203 - Giving False Information Respecting an Offence Committed

  • Definition: Providing false information about an offense.
  • Punishment: Imprisonment up to 2 years or a fine, or both.

Section 204 - Destruction of Document to Prevent Its Production as Evidence

  • Definition: Destroying documents to obstruct justice.
  • Punishment: Imprisonment up to 2 years or a fine, or both.

Section 205 - False Personation for Purpose of Act or Proceeding in Suit or Prosecution

  • Definition: Impersonating another person in legal proceedings.
  • Punishment: Imprisonment up to 3 years or a fine, or both.

Section 206 - Fraudulent Removal or Concealment of Property to Prevent Its Seizure as Forfeited or in Execution

  • Definition: Hiding or removing property to avoid legal seizure.
  • Punishment: Imprisonment up to 2 years or a fine, or both.

Section 207 - Fraudulent Claim to Property to Prevent Its Seizure as Forfeited or in Execution

  • Definition: Making false claims to prevent property seizure.
  • Punishment: Imprisonment up to 2 years or a fine, or both.

Section 208 - Fraudulently Suffering Decree for Sum Not Due

  • Definition: Allowing a decree to be passed fraudulently.
  • Punishment: Imprisonment up to 2 years or a fine, or both.

Section 209 - Dishonestly Making False Claim in Court

  • Definition: Making a false claim in a court.
  • Punishment: Imprisonment up to 2 years and a fine.

Section 210 - Fraudulently Obtaining Decree for Sum Not Due

  • Definition: Obtaining a fraudulent decree.
  • Punishment: Imprisonment up to 2 years and a fine.

Sections 211 to 229

These sections cover various other offenses against public justice, including false charges, misrepresentations, and procedural offenses, each with specific definitions and penalties. 

These sections aim to maintain the integrity of the legal system by punishing acts that obstruct justice and deceive judicial proceedings.

Section 211 - False Charge of Offense Made with Intent to Injure

  • Definition: Making a false charge against someone with the intent to injure or harm them. 
  • Punishment: Imprisonment up to 2 years or a fine, or both.
  • Case Study: In a personal feud, A falsely accused B of assault. B was wrongfully detained and faced legal proceedings. A was charged under Section 211 for falsely implicating B.

Section 212 - Harboring Offenders

  • Definition: Providing shelter or assistance to someone who has committed an offense to evade arrest. 
  • Punishment: Imprisonment up to 3 years and a fine.
  • Case Study: C was charged for harboring D, a fugitive wanted for a major theft, in his home. C’s actions obstructed justice, leading to his prosecution under Section 212.

Section 213 - False Statement by Person Bound by Law to Report

  • Definition: Making a false statement regarding an offense, knowing that it is required to be reported by law. 
  • Punishment: Imprisonment up to 2 years or a fine, or both.
  • Case Study: E, a public servant, falsely reported a minor offense as major to mislead the authorities. E was prosecuted under Section 213.

Section 214 - Offering Bribes to Disqualify an Officer

  • Definition: Offering a bribe to a public officer to disqualify them from their duties. 
  • Punishment: Imprisonment up to 7 years and a fine.
  • Case Study: F attempted to bribe a government official to disqualify G from an election. F was charged under Section 214.

Section 215 - Taking Bribe to Fabricate Evidence

  • Definition: Accepting a bribe to fabricate or alter evidence. 
  • Punishment: Imprisonment up to 7 years and a fine.
  • Case Study: H, a police officer, accepted a bribe to falsify evidence in a criminal case. H was prosecuted under Section 215.

Section 216 - Escape from Custody

  • Definition: Escaping from lawful custody after being lawfully arrested. 
  • Punishment: Imprisonment up to 2 years or a fine, or both.
  • Case Study: I escaped from police custody while being transported to court. I was charged under Section 216.

Section 217 - Public Officer Disobeying Lawful Directions

  • Definition: A public officer deliberately disobeying lawful directions issued in their official capacity. 
  • Punishment: Imprisonment up to 1 year or a fine, or both.
  • Case Study: J, a revenue officer, ignored official orders regarding land records. J was prosecuted under Section 217.

Section 218 - Public Officer Making False Record

  • Definition: A public officer making a false record or document with the intent to deceive.
  • Punishment: Imprisonment up to 3 years and a fine.
  • Case Study: K, a clerk, falsified official records to cover up financial discrepancies. K was charged under Section 218.

Section 219 - False Certificate by a Public Officer

  • Definition: Issuing a false certificate or report with knowledge that it is false. 
  • Punishment: Imprisonment up to 3 years or a fine, or both.
  • Case Study: L issued a false certificate to facilitate a fraudulent claim. L was prosecuted under Section 219.

Section 220 - Offenses by Public Officers with Malafide Intent

  • Definition: Committing offenses while acting in an official capacity with malafide intent.
  • Punishment: Varies based on the nature of the offense.
  • Case Study: M, a customs officer, engaged in corruption by allowing smuggling activities. M faced prosecution under Section 220.

Section 221 - Taking or Attempting to Take Bribes for Public Officer

  • Definition: Taking or attempting to take a bribe as a public officer. 
  • Punishment: Imprisonment up to 7 years and a fine.
  • Case Study: N, a public servant, was caught accepting a bribe to expedite a service. N was charged under Section 221.

Section 222 - Refusing to Assist the Court

  • Definition: Refusing to assist the court or provide evidence when legally required. 
  • Punishment: Imprisonment up to 6 months or a fine, or both.
  • Case Study: O refused to testify in a trial despite being subpoenaed. O was prosecuted under Section 222.

Section 223 - Disobedience of Court Orders

  • Definition: Disobeying a lawful order or process issued by a court. 
  • Punishment: Imprisonment up to 1 year or a fine, or both.
  • Case Study: P ignored a court order to return a disputed property. P was charged under Section 223.

Section 224 - Escape from Legal Custody

  • Definition: Escaping from legal custody or imprisonment. 
  • Punishment: Imprisonment up to 2 years or a fine, or both.
  • Case Study: Q escaped from jail while awaiting trial. Q faced charges under Section 224.

Section 225 - Resistance to Lawful Arrest

  • Definition: Using force or resistance to prevent a lawful arrest. 
  • Punishment: Imprisonment up to 2 years or a fine, or both.
  • Case Study: R physically resisted arrest by law enforcement, leading to charges under Section 225.

Section 226 - Escape from Custody

  • Definition: Escaping from lawful custody or confinement. 
  • Punishment: Imprisonment up to 2 years or a fine, or both.
  • Case Study: S escaped from a police lockup. S was charged under Section 226.

Section 227 - Deliberate Disobedience to Lawful Orders

  • Definition: Deliberately disobeying lawful orders issued by a public authority. 
  • Punishment: Imprisonment up to 6 months or a fine, or both.
  • Case Study: T ignored repeated lawful orders from municipal authorities regarding property maintenance. T was prosecuted under Section 227.

Section 228 - Contempt of Court

  • Definition: Disrespecting or disobeying court orders or processes. 
  • Punishment: Imprisonment up to 6 months or a fine, or both.
  • Case Study: U publicly criticized and defied a court’s order, resulting in charges under Section 228.

Section 229 - Forgery of Public Documents

  • Definition: Forging or falsifying public documents or records. 
  • Punishment: Imprisonment up to 7 years and a fine.
  • Case Study: V forged official documents to commit fraud. V was prosecuted under Section 229.

Few notable case studies related to false evidence and offenses against justice under IPC Sections 191-229 

Case Study 1: Perjury in the Jessica Lal Murder Case (Section 191, 193)

Background: Jessica Lal, a model, was shot dead at a high-profile party in New Delhi in 1999. Several witnesses, initially willing to testify, later retracted their statements, claiming they had not seen the accused, Manu Sharma, shoot Jessica.

Incident: Witnesses, including socialite Bina Ramani, initially identified Manu Sharma as the shooter. However, they later turned hostile, giving false statements in court.

Outcome: The trial court acquitted Manu Sharma due to lack of evidence. However, the High Court later convicted him based on circumstantial evidence and the credibility of the initial witness statements. The case highlighted the issue of perjury and the need for stringent punishment for giving false evidence.

Legal Implications: Witnesses in this case could be charged under Sections 191 and 193 for giving false evidence and retracting their initial truthful statements.

Case Study 2: Priya Sharma vs. State of Rajasthan (Section 195)

Background: Priya Sharma falsely accused her neighbor of theft to settle a personal grudge.

Incident: Priya filed a police report claiming that her neighbor had stolen her jewelry. During the investigation, it was found that Priya had fabricated the evidence and falsely implicated her neighbor.

Outcome: Priya was charged under Section 195 for giving false information to procure the conviction of her neighbor.

Legal Implications: The case serves as an example of the misuse of legal provisions and the importance of Section 195 in preventing such false accusations.

Case Study 3: False Affidavit in Property Dispute (Section 199, 200)

Background: In a property dispute, Ramesh Kumar submitted a false affidavit claiming ownership of a piece of land.

Incident: Ramesh produced fabricated documents and a false affidavit in court to support his claim.

Outcome: The court, upon discovering the false affidavit and fabricated documents, dismissed Ramesh’s claim and charged him under Sections 199 and 200 for making false statements in a declaration and using false documents as genuine.

Legal Implications: This case demonstrates the application of Sections 199 and 200, reinforcing the legal consequences of using false affidavits in judicial proceedings.

Case Study 4: Evidence Tampering in the Aarushi Talwar Murder Case (Section 201)

Background: Aarushi Talwar, a teenager, was found murdered in her home in Noida in 2008. Her family’s domestic help, Hemraj, was also found dead.

Incident: The initial investigation was marred by evidence tampering and destruction. The crime scene was not secured properly, and crucial evidence was mishandled.

Outcome: The botched investigation led to significant public outcry and mistrust in the legal process. The CBI took over the case, and eventually, Aarushi’s parents, Rajesh and Nupur Talwar, were convicted based on circumstantial evidence, although they were later acquitted by the High Court due to lack of concrete evidence.

Legal Implications: The case highlights the importance of Section 201 in addressing the consequences of evidence tampering and ensuring justice.

Case Study 5: The Telgi Stamp Paper Scam (Section 193, 194)

Background: Abdul Karim Telgi orchestrated a massive counterfeit stamp paper scam in the early 2000s.

Incident: Telgi manufactured and sold fake stamp papers across India with the collusion of various officials and police officers. False evidence and fraudulent documents were used to sustain the scam.

Outcome: Telgi was eventually arrested and convicted. Several officials were also charged and punished for their involvement in providing false evidence and facilitating the scam.

Legal Implications: This case emphasizes the application of Sections 193 and 194 in punishing those who fabricate false evidence and documents for personal gain.

Comments

Post a Comment

Popular posts from this blog

Historical Background of Cyber Law in India

Historical Background of Cyber Law in India The evolution of cyber law in India can be traced through various legislative efforts, judicial decisions, and technological advancements: 1. Early Internet Era (1990s): With the advent of the internet in India in the mid-1990s, there was a need to regulate the digital space. The initial legal framework was inadequate to address cyber crimes and electronic commerce.  The Indian Penal Code (IPC), 1860, and other traditional laws were found insufficient to deal with cyber offenses. 2.The Information Technology Act, 2000:  To address these challenges, the Government of India enacted the Information Technology (IT) Act in 2000. This was India's first law specifically designed to handle issues related to the internet and cyber activities.  The IT Act aimed to provide legal recognition to electronic transactions, facilitate e-commerce, and combat cyber crimes.  Influenced by the United Nations Model Law on Electronic Commerce (1996), the IT Act
Read more

Leader of the Opposition in Lok Sabha : Role & Responsibilities

Image
The Leader of the Opposition in India holds a significant position in the parliamentary framework. This role is vital for the proper functioning of a healthy democracy, providing necessary checks and balances to the ruling government. Below is an in-depth analysis of the role, responsibilities, and significance of the Leader of the Opposition in India. Introduction: The Leader of the Opposition (LoP) is a crucial figure in the Indian political landscape, recognized officially in both the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). This position ensures that the voice of the opposition is heard and that there is accountability in the governance process. Eligibility and Appointment: Eligibility: The LoP is usually the leader of the largest party in the opposition that has at least 10% of the total seats in the Lok Sabha, as per the Mavalankar rule . However, this criterion is not a constitutional mandate but a convention followed for recognition and privile
Read more

What is Cyber Jurisprudence? How Cyber Jurisprudence evolve ?

Introduction: Cyber jurisprudence, also known as cyber law or internet law, refers to the body of law that governs activities related to the internet and cyberspace. It encompasses a wide range of legal issues including intellectual property, data protection, privacy, cybercrime, and electronic commerce. The evolution of cyber jurisprudence reflects the rapid development of technology and the increasing significance of the internet in daily life. Evolution of Cyber Jurisprudence: 1. Early Days of the Internet:  The initial stage of the internet in the 1960s and 1970s was primarily limited to academic and military use. Legal issues were minimal as the internet was not widely accessible to the public.  The development of ARPANET and subsequent networks laid the groundwork for modern internet infrastructure. 2. Emergence of Commercial Internet: The 1990s saw the commercialization of the internet, leading to a surge in users and online activities. Early legal issues focused on domain names
Read more

Explain Digital signature? What are legal requirements for validity of digital signature?

Image
Digital Signature A digital signature is an electronic form of a signature that is used to authenticate the identity of the sender and ensure that the content of the message or document has not been altered in transit. It provides the same legal standing as a handwritten signature in the context of digital documents. Digital signatures rely on public key infrastructure (PKI) to ensure the security and authenticity of the document or message. How Digital Signatures Work? 1. Generation of Digital Signature: A digital signature is created using a signer’s private key, which is securely stored and only accessible to the signer. The digital signature is a unique code generated by running the content of the document through a hashing algorithm , creating a hash value (a fixed-size string of characters). This hash value is then encrypted using the signer’s private key, creating the digital signature. 2. Verification of Digital Signature:  The recipient of the signed document uses the signer’s
Read more

Copyrights, Patents, and Trademarks In IPR Cyber Space

Image
Introduction: Copyrights, patents, trademarks, are crucial aspects of Intellectual Property Rights (IPR) law, designed to protect the rights of creators, inventors, and businesses. Each type of protection serves a different purpose and covers different kinds of intellectual property.  1. Copyright: Definition:  Copyright protects the original works of authorship, such as literary, dramatic, musical, and artistic works. It grants the creator exclusive rights to use, distribute, and modify their work. Scope : Literary Works: Books, articles, poems, and computer programs. Artistic Works: Paintings, photographs, sculptures, and architectural works. Musical Works : Compositions, including any accompanying words. Dramatic Works : Plays, scripts, and screenplays. Cinematographic Films: Movies and television broadcasts. Sound Recordings: Recorded audio, such as music albums and audiobooks. Rights Granted: Reproduction Right: The right to make copies of the work. Distribution Right: The rig
Read more