Lot of the time people who are facing false cases — be it IPC 498A, false domestic violence allegations under DV Act, — tend to make a demand to lawmakers and political leaders, that a provision of law misuse must be added to so and so Act, e.g. add misuse clause to IPC 498A, or add misuse clause to rape law to punish women making false rape complaints.
All those demands are from made with good intentions, but there is a saying: “the road to hell is paved with good intentions”. Which means: Even if we start doing something with good intentions, we may end up with bad consequences; because merely having good intentions is not enough, it has to be backed by proper analysis, and then taking right actions at right time. And one should be flexible and open-minded enough to change course of action midway if that’s what is required based on real life feedback.
The problem about demanding adding misuse clause (of course with good intentions) to specific sections of IPC are as follows:
- Generally, it is possible that any section of any law may be misused/abused, so adding a misuse section to each law provision would make it cumbersome to legislate and then maintain the statute. This doesn’t seem to be the way laws to punish law misuse have been made in most democratic countries either. So if there a need to punish law misuse, then adding clause to each law doesn’t seem to be the usual way.
- Since many types of misuse of laws will be similar, it will be simpler to create general provisions about misuse which can cover all applicable sections of IPC (or evidence in civil cases), and then vary the punishment based on severity of misuse, or severity of result to the accused/defendant. Indeed, some of that approach is already reflected in IPC even now, where there are special provisions to deal with false evidences which can lead to someone getting death penalty, or life imprisonment; since that is a severe misuse of the law warranting it’s own special section.
- Some people might make comment about specific misuse clauses added to sexual harassment law, or Jan Lokpal law. Sexual harassment law in India makes provisions for helping women (only women so far), to get a fair treatment at workplace if they accuse another co-worker of sexual harassment. It is not about judicial trial in a court, where those court related law misuse provisions could automatically become applicable. Which is why a specific misuse provision makes sense so that there is balance at workplace between punishing sexual harassment, vs. reducing false complaints. And regarding Jan Lokpal bill, it is basically a law to prevent corruption, and the misuse clause will actually help in protecting the accused politicians, bureaucrats from false complaints; so it can be argued that they are trying to safeguard their own interests and are quite smart in adding misuse clause in the specific corruption prevention act itself. It can’t be used as an example of best practice of law making which can be of use and help to all citizens.
This might be the right time to take action for changing IPC (Indian Penal Code), since an overhaul of IPC is underway at law ministry and law commission. IPC was first made in 1861 under British rule, and many of the laws were made with undertone of keeping Indians under control, rather than to do proper criminal justice. All that can be changed now, PROVIDED also that citizens themselves get involved, and don’t hope that government or some mai-baap at the top will fix all the things. The government or mai-baap may turn out to be not much different from British rule!
Why Indian courts rarely punish for false evidences, perjury etc.
Indians must be one unique kind of people. On various reports of global indices of corruption, transparency etc., India ranks usually towards the bottom of the list of countries. And generally Indians themselves consider India as corruption ridden; and they strongly feel ‘many other Indians’ are corrupt 
, but they don’t admit to being corrupt themselves. So it’s a convenient friendship with big talk, but in reality it’s just hypocrisy. As an example: recently someone sent me an email that his son is facing false 498A, and he gave bribe to police, but still the police has filed charge sheet against them. Bravo… You can’t argue with such people, they were only trying to get justice by giving bribe. How does it matter to them that that’s exactly why the police doesn’t take false complaints seriously, because there is someone or else ready to pay bribe to get what they want from police.
There are multiple sections in Indian Penal Code (IPC) to punish false statements, fabricated/forged evidence, perjury etc.; but rarely do such provisions are utilized to punish those abusing and misusing the judicial system. In the West, even well known celebrities and rich people have had to spend time in jail, pay fine etc. for committing perjury (Martha Stewart, Jeffrey Archer, Lance Armstrong), but all those things are never seen in India, even though Indian law is supposedly derived out of English common law and case laws, and tries to evolve and learn from best of jurisprudence followed in democratic countries like UK and US. Regular news is repeated in media about lack of courts, judges’ vacancies, but hardly no one tries to find the root causes of why there is high pendency in Indian courts – one of them being almost zero consequences for filing frivolous, false cases, or making false statements in pleadings or during evidence. Very few judges have spoken and taken action against false cases: Justice S N Dhingra (now retired) had given remarkable judgments, and recently other judges like Justice J R Midha of Delhi HC and few trial court judges have also spoken against the menace of false cases, and need for punishing such complainants.
The underlying cause why judges don’t punish, punish enough, or punish often enough for false allegations and evidence, could also be because of the legal provisions themselves. IPC and CrPC has provisions to punish these, but they are not being used in real life, so we need to analyse properly the provisions in Indian law, and maybe even compare with similar provisions in democratic countries; to arrive at what could be considered a good set of legal provisions to prevent misuse of law.
Chapter 11 of IPC: Of False Evidence and Offences Against Public Justice
IPC Chapter XI already contains provisions for punishing false evidence, false cases etc. My first request to law commission would be to change the chapter numbers from using roman numerals like XI for 11, or XXIII for 23, because it’s much more cumbersome compared to using simple decimal numerals.
Let’s go over each section under Chapter 11 and analyse it briefly. Later I will try to search for judgments under each section to find what are the most important precedents, and if they need change or not.
Section 191: 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.
Explanations
- A statement is within the meaning of this section whether it is made verbally or otherwise.
- 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.
Read remaining section including Illustrations at: http://devgan.in/indian_penal_code/chapter_11.php#s191
Comments: The Illustrations (which are part of the section) mention scenarios which can be evidence either in a criminal or civil case. So this section is applicable to both criminal or civil cases.
Problems: Only those lies which are made on oath are considered as a crime under this section, so effectively it gives a wide loophole for anyone to make a false complaint, false petition/pleadings; and the accused/defendant will have to run around in police, courts, to raise a proper defence. Only after evidence stage, this section becomes useful.
Section 192: Fabricating false evidence
Whoever causes any circumstance to exist or makes any false entry in any book or record, or makes any document 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”.
Read remaining section including Illustrations at: http://devgan.in/indian_penal_code/chapter_11.php#s192
Comments: Again, applicable to both civil and criminal trials. E.g. if a doctor makes a false medical certificate of injuries for a false DV complainant woman, this section could be used to punish the doctor.
Problems: Prima-facie there doesn’t seem to be problem, except of course that this is something again which can be proven only after evidence/cross-exam stage; which stage may get delayed for years in Indian courts.
Section 193: Punishment for false evidence
Whoever intentionally gives false evidence in any of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Read remaining section including Explanations: http://devgan.in/indian_penal_code/chapter_11.php#s193
Comments: The explanations make it clear that a judicial proceeding includes not just trial in court, but also a process of investigation made under direction of court.
Problems: Given that the explanations describe what constitutes judicial proceeding in detail, it doesn’t include investigation by police though, so any false or fabricated evidence given to police is not covered under this section.
Section 194: Giving or fabricating false evidence with intent to procure conviction of capital offence
Read here: http://devgan.in/indian_penal_code/chapter_11.php#s194
Comments: This section covers cases of false or fabricated evidence which may lead to conviction of another person under a capital offence (death penalty), so being a provision for rare scenarios it can be skipped from our analysis.
Section 195: Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
Read here: http://devgan.in/indian_penal_code/chapter_11.php#s195
Comments: This section covers cases of false or fabricated evidence which may lead to conviction of another person for life imprisonment, so being a provision for rare scenarios it can be skipped from our analysis.
Section 196: Using evidence known to be false
Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.
Comments: This is a short and sweet section, which says that using a false evidence knowingly is as good as giving or fabricating false evidence, as far as the law and punishment is concerned.
Section 197: Issuing or signing false certificate
Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence.
Comments: This could include situations where a responsible person signs and approves a certificate prepared by another official, even after knowing that it is false. Treated to be same as false evidence.
Section 198: Using as true a certificate known to be false
Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.
Comments: Extending on previous sections, this adds an offence of use or even attempt to use a false certificate, to be treated as false evidence.
Section 199: False statement made in declaration which is by law receivable as evidence
Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorized by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.
Comments: This extends the provisions and clarifies that any kind of false declaration — presumably even if the person making declaration didn’t know how it will be used later – will be treated similar to false evidence.
Section 200: Using as true such declaration knowing it to be false
Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.
Explanations
- A declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of sections 199 and 200.
Section 201: Causing disappearance of evidence of offence, or giving false information to screen offender
Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false,
…skipped clauses or capital offence and for crime punishable with imprisonment for life
if punishable with less than ten years; imprisonment – and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both.
Read full details at : http://devgan.in/indian_penal_code/chapter_11.php#s201
Comments: This section is applicable for crimes, not for civil cases; and may be useful in certain scenarios but probably not highly relevant for dealing with false cases and allegations etc.
Section 202: Intentional omission to give information of offence by person bound to inform
Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Comments: This section is applicable for crimes, not for civil cases; and may be useful in certain scenarios but probably not highly relevant for dealing with false cases and allegations etc.
Section 203: Giving false information respecting an offence committed
Whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Explanations
- In sections 201 and 202 and in this section the word “offence” includes any act committed at any place out of India, which, if committed in India, would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460.
Comments: This section is applicable for crimes, not for civil cases; and may be useful in certain scenarios but probably not highly relevant for dealing with false cases and allegations etc. It is similar to Sec 202 but deals with actual falsification of information than just omission. Also the definition of the word offence used in Sec 201-203 is given in Explanations in this section.
Section 204: Destruction of document to prevent its production as evidence
Whoever secrets or destroys any document which he may be lawfully compelled to produce as evidence in a Court of Justice, or in any proceeding lawfully held before a public servant, as such, or obliterates or renders illegible the whole or any part of such document with the intention of preventing the same from being produced or used as evidence before such Court or public servant as aforesaid, or after he shall have been lawfully summoned or required to produce the same for that purpose, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Comments: This section is again regarding evidence and applicable for both crimes and civil cases. The practical difficulties however in using this section might be that for a document to be proven to have been destroyed or made unusable, at first one has to provide proof to the court about existence of such a document; and then provide proof that the said document has been destroyed or defaced, and finally then prove that the destruction etc. of the said document was done by the person who has filed false cases on you, or one of the accomplice. In many cases, it could be police itself who may destroy a possible evidence/document (e.g. a suicide note which could implicate someone), to shield the real accused.
Section 205: False personation for purpose of act or proceeding in suit or prosecution
Whoever falsely personates another, and in such assumed character makes any admission or statement, or confesses judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Comments: This section is about impersonation, maybe not highly relevant for dealing with false cases and allegations etc., but good to be aware of.
More sections will be analyzed and added in next few days…
Indian justice system has been proved unsuccessful in giving justice to the public
Before independence, the elderly people sitting on the village’s Choupal and settled all kinds of mutual disputes. They were able to make all these decisions only with the knowledge of life experience and mutual discussions one can make a decision with their own understanding.
But today’s justice system has proved unsuccessful in giving justice to the public especially in India, there are lakhs of cases pending in the courts. The only reason is that the decision-maker does not have any experience and with the knowledge of reading the books one cannot solve the problem quickly and accurately.
Talking about the judges of India, one person after cramming the law books he gets a degree of PSC and in the age of 24-25 becomes a magistrate. In this way, in the courts, they hear all kinds of cases and make judgments to give justice to the public.
In the old time, elderly people used to give justice to public from their experience. In present time all judges have bookish knowledge having no experienced of practical life. In the court they make judgments of the people by reading law books Thereby, no decision is made in the courts on time and the decision takes many years to take place.
Most of the cases are started from small courts. Here, the newly appointed judge who has just recently become a judge by reading books, does not have the knowledge of surrounding life of thieves, gangsters, thugs, rapists and murderers. They only have knowledge of things that is written in books.
First of all the cases in India comes to the District Areas Magistrate. In these courts all the criminal cases, the police investigation officer deals and forward investigation reports. With this police report, the case is filed in the court and it takes several years to get written statement of all witnesses and others prove as per law.
If the government wants that the decisions in the courts are made early, then the judges of the High Court and the Supreme Court should be placed in place of the local magistrate, who will be able to identify the guilty immediately from their experience and this system will prove successful.
But our country is getting reversed. The person seeking justice is dragged into the District Magistrates’ court several years ago. The newly appointed judge who is sitting here in the court who cannot make any right decision with the knowledge of mere books citation, As a result after a long period of years when people could not find any justice in the lower courts they run to High Courts to get speedy justice.
In the lower courts, if the government wants that the new judges who read the PCS books and will be able to make quick decisions, then they should get the help of the experienced people of the life so that they can help in getting the right justice for the people. For this system courts must get the services and help of thieves, robbers, thugs, rapists, murderers, who are languishing in the jails and having lifelong punishment. But they have knowledge of theft, cheating experienced. The government should serve the services of the prisoners in the work of the courts so that the public can get justice quickly.
For this, by creating a special board or panel in all lower courts, there judges along with the judicial prisoners, who will make a judgments after having face to face introduction and arguments and in this way will recognize the thieves, murderer immediately and the bookish knowledge magistrate will make a decision and order after hearing and finding statement after the discussion of experienced holders prisoners and culprits the judges will give their order according to law .
In the courts, the police usually have a major role in every case. All culprits are handed over to the Investigation Officer. The police officer who has many times education qualification of higher secondary , sometimes in the recruitment of the Sport Quote, a number of players are selected for the police job and appointed as ASI or Deputy Inspector but they have no proper knowledge of law only having inspiration of sports.
This is the reason there is no proper investigation of any criminal case by police investigation officers It is not a correct way, without understanding the case and with the recommendation of the police officer or leaders a promoted police officers or appointed any police officer from sports quota how can this police investigation officers provide accurate legal services to the sufferer.
The reports of the IO in all cases may be the case of dowry, rape or murder, is presented in court and on this report that is prepared by the untrained Police IO on the basis of false witness. This report of police officers goes in the hands of the high court judges to the judge of the Supreme Court, to debate and investigate, in the same way as a man search a black cat in the darkness. In this way, the judges of the court make a decision on this report that is prepared by the matriculated qualified ASI who is promoted by seniority basis or may be joined direct on the behalf of sports qouta. The reports of ASI waste the precious time from lower courts to Supreme.
If the experienced judges of the Supreme Court were in the lower court, they would immediately give a decision on the report of the ASI it is right or wrong. The public should not have to go round the high court for justice. For this reason, an experienced judicial judge can settle the cases of small courts everyday and in this way hundreds of crores of cases pending in the courts will be settled in lower courts within time limit.
Consider, in our courts, there are two advocates present in the case of the court, one wants to convict a criminal and the other wants to be forgiven. It is obvious that one advocate is lying to save the murderer here and the judge also knows that one lawyer from both lawyers is supporting the murderer and in the name of law, justice and fundamental rights is destroying the time of the courts and the lawyer who is supporting the lie has been stuck in the punishment for the execution of the accused, thus Hon’ble Judge Saheb has been advocating the murderer for several years. The judges cannot make right decision within time in the controversies of both side lawyers.
If the government wants that the system will have to change for the right and speedy of justice, for this those lawyers who support the wrong person and waste the time of the courts in the greed of making money , the lawyer who defend the culprits must be declared guilty and make a heavy fine to him and a criminal prosecution should be provided to the culprit and execution of the accused so that no lawyer can dare to say that he would bail him or acquit him by court, with a heavy fee from the murderer.
In the end, it will be said that there should be experienced people in the lower courts and those lawyers who waste the time of the courts and if it is proved that the lawyer is supporting the wrong person, then a fine should be imposed on him so that the lawyer cannot dare to waste the time of the people and the courts of the country during the cycle of making money.
SHRI PAUL SHARMA
Civil Lines Ludhiana 141001
09417455666
http://www.rtiludhiana.com
Hello Sir
My name is Vivek my brother is being booked under 376 and 506 of IPC in Delhi 15 days back by a girl saying that my brother kept oral relation forcifully with him As she knew that he is virgin .She attempted to sleep with him as he refuted and after that she made rape charges on him . now the police and her parents are forcing us for compromise as my brother is in jail at the moment.layers are saying to compro or with for one or two months for bail.My brother is really innocent as I have full chat history of girl with my brother on WhatsApp.My brother has become very weak in these days and the other persons in jail are asking him security money too there to keep him safe .Sir please do suggest a way-out.
Few months without bail is normal in IPC 376 cases from what I have heard. Basically bail should be granted after police investigation is over and charge sheet filed.
Rape is non-compoundable offence, there is no compromise possible except court arranged shotgun marriage Indian style. That marriage will most likely result in IPC 498A and other cases on your brother after marriage, because a toxic female doesn’t change her colours after marriage. And at that time, family members which is you can easily be accused also of dowry harassment, and whatever else.
>>other persons in jail are asking him security money too there to keep him safe
Jail authorities are responsible for safety of all inmates/undertrials. You can complain to them, and then file RTI asking for complaint status, and ask for RTI reply within 48 hours citing life and liberty clause.
My son’s In-Laws are the worst ever ! The girl ran away from my son’s house in Gurgaon more than 4 years back, to her Parents’ house, just before they were to depart for USA, as the girls’ parents were not agreeable that their daughter should go so far away from them. Since then they are keeping total silence. Heard that they have filed a false case for Divorce more than a year back, and do not attend any Hearing. My son is still at USA & suffering because of being totally lonely.
Can we file a Divorce suit at USA, as they are simply having sadistic pleasure. The girl (reportedly) has a stream of boyfriends to keep her busy. We are under tremendous mental stress.
A.K.Agarwal
>>My son is still at USA & suffering because of being totally lonely.
Suffering could have been 10 times more if she was there with him.
>>Can we file a Divorce suit at USA, as they are simply having sadistic pleasure.
Doubt it.
>> has a stream of boyfriends to keep her busy
then why not get divorce on her adultery ground? should be ‘easy’… on her divorce petition itself you can file for this relief.
Anyway we are not divorce advisory group, so you can read my divorce book if you want to, and hopefully make a right decision
I fully agree with you sir, there is a need for revamping the system. IPC 498A should be replaced with a social support measure which prevents the malaise rather than curing with disproportionate use of state machinery.
Unfortunately the malaise continues to prevail in certain sections of the society unhindered as the awareness hasnt permeated there yet.
IF A LAWYER FILES PETITION TO QUASH FIR ABOUT ‘B & C’ PROPERTY FORCIBLY TRESPASSED & LOCKED .STATES NOT A SINGLE WORD ABOUT B & C TOTALLY MISLEADING & MISCHIEVOUSLY WRITES ABOUT ‘A’ ADJACENT TO B & C, IS IT NOT MISCONDUCT & TURPITUDE 9681106669=RAM KARAN GUPTA
I AM 86 AGE PLANTED 400000 TREES TRAINING 15000 FARMERS & BOOKLETS 180000 ON NATURAL FARMING, GOUPALAK 250 ETC, IMMORAL LAWYER DETERS SEVA
CAN SOME PERSON GUIDE ME FOR CORRECT LEGAL ACTION IN SUCH MATTER.
RAM KARAN GUPTA ramkarangupta@gmail.com
Sir, it’s not possible to understand with such little detail, so you can discuss with a lawyer (we are not)
You can file complaint in bar council if it fits the case… our justice system is very input-friendly (taking on fresh cases whether merit or not), and output-averse (disposing cases quickly). Filing cases is probably only way many lawyers can make a living
IPC 498 A is essentially a unscrupulous and biased law enacted by unscrupulous and less educated persons with malaise intentions to benefit certain people in the chain of our corrupt judicial system. This unscrupulous law has facilitated disgruntled women to be the judge as every false allegation leveled by them is accepted without much proof and Favorited just to please them or to gain some gratification form them. The excessive delay and humiliation in the society at each stage ( CAW Cell, Police station and courts) in itself is a punishment for the husband and in laws. Therefore one cannot expect any reconciliation between the estranged parties which have been harmed. Hence this law is essentially a family breaker and ruining the lives of citizens and must be scraped or if not the provision of equal punishment to dowry giver and taker and also who levels false and exaggerated allegations to make the existing law impartial and fit to deliver the justice .