SLAP the False 498A

Posted: March 3, 2014 in Uncategorized
Tags: , , ,

The common rhetoric used by many when we talk about Misuse of IPC 498A are two – Every law is Misused (dunno of any other law abused as much as 498A) and the other – there are provisions under the law which can be used if you are implicated in a false case. As much as I have heard these rhetorics, I have also interacted with several victims of abuse of this law, that how these provisions are toothless as no one registers a complaint against the girl, even if she is making false claims.

happy-slap-day-sms-2014I wanted to document these toothless provisions. What is the use of having something if you don’t give anyone powers to use them or throw the cases out whenever someone tries to use them. But none the less. Read these. Share your experiences on what happened when you tried a provision out of these. Share if it was accepted and you got some relief. Share the common loopholes….

Section 211:- False 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 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.

Section 200:- Using as true such declaration knowing it to be false

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. Explanation.- A declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of sections 199 and 200.

Section 209:- Dishonestly making false claim in Court

Whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.

Section 182:- False information, with intent to cause public servant to use his lawful power to the injury of another person

Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause such public servant- (a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or (b) to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Section 181:- False statement on oath or affirmation to public servant or person authorized to administer an oath or affirmation

Whoever, being legally bound by an oath 3[ or affirmation] to state the truth on any subject to any public servant or other person authorized by law to administer such oath 3[ or affirmation], makes, to such public servant or other person as aforesaid, touching that subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Section 500:- Punishment for defamation

Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

Section 499:- Defamation

Whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person. Explanation 1.- It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. Explanation 2.- It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Explanation 3.- An imputation in the form of an alternative or expressed ironically, may amount to defamation. Explanation 4.- No imputation is said to harm a person’ s reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a lothsome state, or in a state generally considered as disgraceful.

Section 120B Punishment of criminal conspiracy

(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 2[ imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence. (2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.] CHAPTER VI OF OFFENCES AGAINST THE STATE CHAPTER VI OF OFFENCES AGAINST THE STATE

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

  1. A statement is within the meaning of this section whether it is made verbally or otherwise.
  2. 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.

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”.

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.

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.

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.

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.

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.

Section 3 in The Dowry Prohibition Act 1961

Penalty for giving or taking dowry. If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both. This is also a non bailable, non compoundable and cognizable offence. However it’s proven to be futile in most cases as courts have time and again ruled that girl’s parents reel under pressure to give dowry, they can’t be punished for doing the same.

TO NAB THE CORRUPTS:

Section 219:- Public servant in judicial proceeding corruptly making report, etc., contrary to law

Whoever, being a public servant, corruptly or maliciously makes or pronounces in any stage of a judicial proceeding, any report, order, verdict, or decision which he knows to be contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

WIFEY SENDING FRIEND TO THE COURT TO SIGN PAPERS? USE THIS….

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.

Disclaimer: The author has no contribution to the content except collating it from different sources and adding few comments. The data has been collected from Indiankanoon.org and law.chdfirms.com.

 

Advertisements
Comments
  1. Fightagainst Falsecase says:

    thanks for this Blog

  2. Dr. Vikram Rajpurohit says:

    I am suffering frm false 498a, 323 324 and 406….. but i have faith n confidence in myse i will win this case…. useless Indian laws and judiciary system !!!

  3. HOTAN says:

    FIGHT AGAINST LEGAL TERRORISM OF IPC 498A : SPREAD THIS MESSAGE
    Break right leg and right hand or both hands or both legs of the wife’s lawyer and wife . Remember wife’s lawyer is your real enemy. If we can scare the lawyers from taking up unscrupulous wive’s cases , the battle is won. Any handi-capped or leggi-capped lawyer will serve as a stern reminder to other greedy lawyers..
    Make them suffer whole life because if you kill them , they wouldn’t even know why they died. Pay someone to do it. It will be cheaper than extortion money demanded by greedy wives. There is no point in writing to the govt. authorities.
    DO NOT COMMIT SUICIDE .
    DO NOT WHINE OR BLAME.
    ACT NOW.

  4. REAL VICTIM says:

    Even a MAN in men’s right movement is supporting girl’s fake complaints…and ill bring that name in open in few months..since i’m the sufferer and she is being actively supported by such a person in Men’s NGO in her fake and concocted story. In-fact they come together to court and try to intimidate that we are just men’s right NGO by name and don’t even dare to come to us for any help infact i was shocked since prior to going court i was about to approach him for help. It’s better to fight alone but we need to unmask such people who does business under an emotional issue and let me remind you he is the same guy who has been tortured by his wife fighting her i have read his blogs too, he became a good voice for men’s right but in my case in-fact giving complete backup to my wife’s wicked intention to dupe me with false 498a case since she is related to a woman in women’s ngo representative of a political party. EVEN MEN SUFFER. once ill win ill expose his name and will even take it to the president of such NGO’s.

    Deepika Ma’am ( a request)kindly look into this matter, i respect you but i wish you relate to me and spread the word so that HE can make a note and mend his ways and stop harassing me and other guys who are innocent and falsely implicated kindly don’t dilute your real cause with such fake fighters . I don’t need any support since i know i’m right and i have proofs but discourage such a tact where an issue is so important to men and their family and this guy is trying to act as an ally of frauds in the name of 498a. Ill definitely bring it to people soon. I’m deeply hurt that even Men’s NGO are gender biased.

  5. Vas says:

    My brother committed suicide but was rescued at the last second. We still we go thru the trauma and we are still being threatened by my brothers wife to book us under section 498A. They refer to some top police and threaten us on his name , saying we all would be sent to some unknown jail and our entire money, lands would be grabbed. We never knew that there is such a law. We are literally shattered.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s