3. Section 201. Offering gift or restoration of property in consideration of screening offender; IPC Section 215. SECTION 211 CrPC - Code of Criminal Procedure - Contents of charge . But a statement made to the police on a suspicion that a certain person has committed an offence does not fall within the words ‘falsely charges’ and is also not institution of a criminal proceeding within the meaning of this section even if the suspicion is proved to be baseless. But when an application u/s 340 crpc r.w.s 195 crpc and 191, 192, 193.....182 and 211 IPC would be filed, whether there is a need to file an limitation application for IPC 182, 211 ? Apart from this you may file a civil suit for defamation and claim compensation for your defamation. Postponement of issue of process. Difference between IPC Section 211 and 182Section 211 in The Indian Penal CodeFalse charge of offence made with intent to injure: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… Even if the main offender is left unpunished by the Court, the person who concealed or harboured an offender is not to be left unpunished if other ingredients of the section are established. Accordingly, Istgasa Ex. ve tic. Auction 137- 10:00am Sunday 4th September 2016. Kishore S/O Vitthalrao ... vs Shri. The words ‘falsely charges’ must be read along with the words ‘institution of criminal proceeding’. Trial Court framed charges under Section 182/211 part­II of IPC against the appellant. Secondly, under Section 182 false information is given to a public servant with intent to cause him to do or omit anything which ought not to be done or omitted or to use the lawful power of such public servant to the injury or annoyance of any person; under Section 211 criminal proceedings are initiated or false charge is laid with a view to cause injury to the person informed against. The prosecution must establish that the accused knew that there did not exist any just or lawful ground for such proceeding or charge. Section 203. But the Bombay and Allahabad High Courts feel that actual institution of criminal proceeding in a court on a false charge is necessary for the application of the latter part of the section, and if there is only a false charge made by the accused, even if the same may relate to an offence punishable with death, imprisonment for life, or imprisonment for seven years or more, only the first part of the section is applicable. Giving false charges is a very heinous offence that affects everyone involved in the process of providing justice. Words in charge taken in sense of law under which offence is punishable. Identification at a test parade cannot be held to be within the expression ‘falsely charges’ within the meaning of section 211 of the Code. Recall of witnesses when charge altered. False charge of offence made with intent to injure: This section penalises false charge of offence made with intent to injure another. D . What is Section 211 of Indian Penal Code, 1860. that link should provide general explanations of IPC from section 6- 52A , but its giving content about general exceptions in IPC. Harishchandra S/O Nagorao Mohod vs Kishor S/O Vitthalrao Padole on 27 April, 2016, Shri. False charge of offence made with intent to injure, IPC Section 211 in Hindi Section 211 of IPC . Section 212. Advocate, New Delhi. Section 4. Page 6. IPC Section 211. CHAPTER XVII, Section 211 to 224 of CRIMINAL PROCEDURE CODE (CRPC) – THE CHARGE. Section 216. Perumal vs Janaki (2014) was one of those rare cases where the SC ordered for the prosecution of the investigating officer under Section 211 IPC (false charge of offence made with intent to injure). The statement on oath falsely supporting the prosecution case against an accused, though not an offence under section 211, is punishable under sections 193 and 195 of the Code. When the accused is the President of India, Vice President, Prime Minister, Judges or Foreign Envoy. It may be in the form of a complaint before a magistrate or a report to a police officer of a cognizable offence. Description . It has been felt that these two expressions have almost similar meaning. Section 218. A magistrate is bound to follow the procedure prescribed by section 340, Code of Criminal Procedure 1973 failing which a cognizance of an offence under section 211 is liable to be quashed. Imprisonment for 2 years, or fine, or both. If the law specifically prohibits lodging the first information report such as offences under section 138 Negotiable Instrument Act. In the said case it has been ruled that the essential ingredient of an offence under section 211 of 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. Section 214. False charge of offence made with intent to injure. Dismissal of complaint. Non-attendance in obedience to an order form public servant; IPC Section 174A. IPC Section 211: False charge of offence made with intent to injure.) Gupta vs State And Anr. So an application before the High Court with prayer of a contempt action under the Contempt of Courts Act, 1971, does amount to an offence under section 211 of the Code if the allegations in the application are false. on 25 April, 1974, R.K.Selvarajan Chettiar @ vs S.Murugavel on 22 October, 2002, The State Of Maharashtra vs Ramlakhan Jagnarayan Upadhya on 12 April, 1971. Court may alter charge. Section 217. D. Section 213 of IPC . Court of Session . A—Form of charges. Jeux IPC: les Jeux Paralympiques et les Jeux Parapanaméricains. In State of Tamil Nadu v. Nalini and others, the Supreme Court held that a wife cannot be charged for harbouring her husband merely because she was living in the house with him. A proceeding for committal for contempt of court is not a criminal proceeding, but it may fall within the expression ‘falsely charges’ if based on allegations later proved to be false. IPC Section: Offence: Punishment: Cognizable or non-cognizable: Bailable or non-bailable: By what court triable . Waging or attempting to wage war or abetting the waging of war, against the Government of India. IPC Section 216. Nadeem Qureshi. Aditya Marwah As you may know, marrying another woman while being married to one’s wife, without taking a divorce from her, is bigamy. When manner of committing offence must be stated. Harbouring offender. Central Government Act Section 211 in The Indian Penal Code 211. IPC Section 211 in Hindi (Dhara 211): आईपीसी की धारा 211 (क्षति करने के आशय से अपराध का झूठा आरोप।) से जुड़े, अपराध, दंड और जमानत के बारे में जानकारी प्राप्त करें, In Sujith v. State of Kerala, the Kerala High Court held that interpretation of the word ‘offender’ in section 212 should be purposive. In all cases it must be established that the accused had knowledge that there was no just or lawful ground for such proceeding or charge, as the case may be, against that person. 211. Contents of charge. Section 213. The expression ‘there is no just or lawful ground for such proceeding or charge’ has been compared with ‘lack of reasonable and probable cause’ one of the essential requirements of the tort of malicious prosecution. IPC Section 211. It is important to note that while harbouring an escaped prisoner of war is an offence under section 130, harbouring a deserter from the Army, Navy, or Air Force is an offence under section 136 of the Code. Giving false evidence. Proper balance must be maintained and judicial caution is essential. Section 211 in The Indian Penal Code. (General explanations) Definitions in the Code to be understood subject to exceptions Section 7. The accused must either institute the criminal proceeding himself or cause the same to be instituted. The Indian Penal Code, 1860: Long Title: It is expedient to provide a general Penal Code for india: Ministry: Ministry of Home Affairs: Department: Department of Internal Security: Enforcement Date: 06-10-1860: Last Updated: 04-03-2019: Title Files. Preventing service of summons or other proceeding, or preventing publication thereof; IPC Section 174. Section 215. The accused must falsely charge a person before a person competent under law to punish the offender. as false statement on supported affidavit in court were made more than 1year 8 month back. The Madras, Patna and Calcutta High Courts are of the view that where a charge of a cognizable offence has been made to the police against a particular person, this means institution of criminal proceeding against him. Giving false charges is a very heinous offence that affects everyone involved in the process of providing justice. Indian Penal Code (IPC) S. 211. There are two parts of the section. The second part to the section says that if such criminal proceeding is instituted on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for seven years or more, shall be punishable with simple or rigorous imprisonment for a term extending up to seven years, and shall also be liable to fine. Non-cognizable . IPC Section 211: False charge of offence made with intent to injure.) The section requires that the prosecution must prove that the accused under this section must have known or had reason to believe that the person he was harbouring or concealing was an offender, and also that he was doing the same with the intention of screening him from legal punishment. Prosecution for defamation. It does not mean ‘convicted offender’. The Supreme Court, in Saloni Arora vs. State, has reiterated that in order to prosecute an accused for an offence punishable under Section 182 IPC, it is mandatory to follow the procedure Legal Provisions of Section 211 of Indian Penal Code, 1860. However, those accused persons who came into the picture after the object of the criminal conspiracy, that is, assassination of a former Prime Minister of India, had been achieved, and they harboured and sheltered the main accused persons with full knowledge that they were involved in the assassination and also made efforts to destroy evidence were rightly convicted under section 212 of the Code. There may be a situation where someone may in good faith institute a charge which later on may turn other to be unfounded, or there may be an intention on his part to cause injury to his enemy and with such intention he may institute a criminal proceeding against him believing there were good grounds for the same. 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