Section 211 ipc. IPC Section 211: False Charge Of Offence Made With Intent To Injure 2022-10-30
Section 211 ipc Rating:
Section 211 of the Indian Penal Code (IPC) pertains to the offense of false charge of offense made with intent to injure. This section states that whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceedings against that person, or falsely charges any person with having committed an offense, knowing that such charge is likely to cause injury to the person so charged, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
The key elements of this offense are:
Institution or causing to be instituted of criminal proceedings against a person, or falsely charging a person with having committed an offense.
The intention to cause injury to the person against whom the proceedings are instituted or the person who is falsely charged.
Knowledge that the charge is likely to cause injury to the person so charged.
Thus, for a person to be found guilty of this offense, it must be established that they made a false charge of an offense against another person with the intention to cause injury to that person, and that they knew that the charge was likely to cause injury.
This section is intended to protect individuals from being falsely accused of crimes and facing the potential consequences of such accusations. It is a serious offense, as it not only causes harm to the reputation and well-being of the person falsely accused, but it can also lead to the waste of resources and time in the investigation and prosecution of the false charge.
In conclusion, section 211 of the IPC is a provision that punishes the offense of making a false charge of an offense with the intention to cause injury to the person charged. It is an important provision that serves to protect individuals from being falsely accused and suffering the consequences of such accusations.
Indian Penal Code (IPC) Section 211. False charge of offence made with intent to injure.
More so, the court has also to determine as on facts, whether it is expedient in the interest of justice to inquire into the offence which appears to have been committed. In one such FIR followed by charge sheet I was at Singapore and has to get bailed out. It provides us with several fundamental rights, legal rights, and constitutional rights. Additionally, the court made it clear that it shouldn't be restricted to just crimes under Section 211 of the IPC. Following that, the petitioner filed a petition before the Madras High Court and submitted that he had only conducted an investigation based on the FIR after the case transferred to CBCID, and the only cause that the respondent was acquitted does not constitute an offence under Section 211 of IPC. In such cases the innocent person cannot register FIR or make complaint to Magistrates court against those persons who have filed false Complaint.
READ ALSO: What is the longest and hardest word in the dictionary? Such an important provision should be known to all the people. Engage a local lawyer and file the said case based on the court order passed in favour of you, 3. Everything is going well. The main motive was to make a modern law website that is clean, comfortable, and has few ads. Instead of resorting to section 211 you may file a case for defamation against the person who misused the instrument of law to harass you. QUESTIONS RAISED Whether the writ petitioners have established a case for the CBI to look into the two instances.
SC Explains: Scope of Section 211 IPC of Making False Criminal Charge, Read Judgment
What will be the procedure as police as well as my lawyer deny the applicability of case through police or through court. It clearly reflects that, laws became part and parcel of our lives. CONCLUSION Indian legal framework is so perfectly designed to provide justice to each and every individual. Radhika v Wilson Sundararaj 2021 1 MWN Crl 381 Forgery is referred to as the creation of a false instrument, the intention of which is to deceive. Defamation can be filed where you reside or where the complaint was filed by her. In that case after the court trials, the respondent got acquitted by the court. Bailable offence means an offence which is shown as bailable in the First Schedule or which is made bailable by any other Law for the time being in force.
I want to know how to come out from such physical and mantel torture. The Court further made it clear that the language used under Section 211 regarding false charge can only relate to the defacto complainant who set the criminal law in motion, and not the investigating officer. So heed the advice of your lawyer. In March 2018, I started WritingLaw. Section 211 of IPC comes into the picture in such a case.
I am a law graduate. If a 211 ipc case is initiated then defamation chances are less. Also police in its Final Report has not recommended for filing case under section 182 by accused party. Is 304a criminal case? Thank you for your love and support. Para III: Punishment—Imprisonment for 7 years, and fine—Non-cognizable— Bailable—Triable by Court of Session—Non-compoundable. IPC 211 is a Bailable offence.
Instead, a case of criminal conspiracy or any other IPC-related offence may also come to light. Since I have not seen the contents of complaints I can not advise properly but I do advise to go for quashing of FIR if merit of the case so permits. Offence Punishment Cognizance Bail Triable False charge of offence made with intent to injure 2 Years or Fine or Both Non-Cognizable Bailable Magistrate First Class If offence charged be punishable with imprisonment for 7 Years or upwards 7 Years + Fine Non-Cognizable Bailable Magistrate First Class If offence charged be capital or punishable with imprisonment for life 7 Years + Fine Non-Cognizable Bailable Court of Session. Tushar Mehta, SG Ms. There must be prima facie case of deliberate falsehood on a matter of substance and the court should be satisfied that there is reasonable foundation for the charge.
Being accused of an offence lowers the reputation of the individual in society. Pardiwala declined to initiate such proceedings in againstan application filedby the Union Government for the initiation of perjury proceedings against the petitioners who had filed a plea in 2009 seeking an independent probeinto the alleged extrajudicial killing of Adivasis in Chhattisgarh by security force. Para II: Punishment—Imprisonment for 7 years and fine—Non-cognizable— Bailable—Triable by Magistrate of the first class—Non-compoundable. I was my college topper for five years. This section deals with the offence of instituting false criminal proceedings against innocent people with the intention to injure and with the knowledge that there is no legal provision to initiate such criminal proceedings.
Procedure for filing case under section 182 or 211 for false FIR
What is bailable offence? This section deals with the offence of instituting false criminal proceedings against innocent people with the intention to injure and with the knowledge that there is no legal provision to initiate such criminal proceedings. The Madras High Court has held that an officer who conducted investigation or filed a final report pursuant to filing of a criminal complaint cannot be prosecuted under Section 211 of IPC for making false accusations, in case of acquittal of the accused. Satya Mitra, AOR Respondent: Mr. Because of the report submitted by the petitioner, the respondent accused in that case faced court trials. Shreekant NeelappaTerdal, AOR SUBJECT According to the Supreme Court, Section 211 of the Indian Penal Code's phrase "falsely charges" relates to the original accusation that starts the criminal investigation, not false depositions or false evidence presented during a criminal trial. This case did not came on trial as the Final Report in our favour was filed in court by police.
SC: False Charge in Section 211 IPC Refers To Initial Accusation & Not False Depositions/Evidence
This case did not came on trial as the Final Report in our favour was filed in court by police. It is a gift our legal framework provided to those victims. Whether the defamation case is to be filed in the same court or it can be filled in any other court. Is IPC 211 bailable or non-bailable offence? According to Para 3 — Court of Session. In addition thereto you can file a criminal case for defamation against him. State of Maharashtra — Appeal crl.