False Evidence and Offences against Public Justice Chapter

False Evidence and Offences against Public Justice (Chapter XI I. P. C)

Purpose(s) of Chapter XI To preclude fraud & falsehood in Official matters, and general lawlessness in society; Ensure sanctity of the administration of Justice; Protect miscarriage of Justice through intentional acts or omissions ; Ensure that criminals do not go unpunished; Ensure honest & sincere discharge of duties by Public Servants; Protect honour and dignity of victims of certain offences;

Meaning and scope of “False Evidence” 1 Offender under legal obligation to give evidence on oath / by other means (S. 191): a. Intentionally gives a statement, or gives such evidence by any other means knowing it to be false; b. Even stating what he believes is true, is also false evidence if actually he does not believe it to be true;

Types of False Evidence(s)-I 1. False Evidence to implicate conviction of innocent persons: - or secure 1. Giving / fabricating false evidence to procure conviction of capital offence (S. 194); a. Punishable with life imprisonment or R. I. Up to 10 Y. + fine; b. If innocent person is actually convicted and executed – punishable even with death;

Types of False Evidence(s)-II 2. Giving / fabricating false evidence to procure conviction punishable with life or other imprisonment above 7 Yrs. (S. 195); a. Punishable up to life imprisonment or, b. Up to limit of punishment of particular offence;

Types of False Evidence(s)-III 3. Threatening a witness to give false evidence in a proceeding (S. 195 A – New Section / 2005): n 7 Yrs. , or as an innocent person is sentenced in consequence of such false evidence; 4. False charge of offence made with intent to injure (S. 211): Punishment depends upon the gravity of the offence falsely imputed ;

Fabrication of false evidence (S. 192) a. Causing any circumstances to exist; b. Making any false entry in any book or register; c. Making such false entry in any electronic record; d. Falsely making any documents or record; - with intention that it may appear as evidence in any proceeding, Judicial or otherwise;

Punishment for giving / fabricating false evidence (S. 193) a. In relation to Judicial proceedings - 7 Yrs. + Fine; a. In any other proceeding - 3 Y. + Fine;

Other offences pertaining to False Evidence 1. Using / attempting to use false evidence (S. - 196); 2. Using or issuing false certificates (S. - 197); 3. Using as true a certificate known to be false (S. -198); 4. Making false statement in any declaration admissible as evidence (S. - 199); 5. Using as true any declaration known to be false (S. - 200); q All the above offences amount to giving false evidence;

False evidence related to Criminal proceedings 1 n Causing disappearance of evidence of offence / giving false information to screen offender( S. 201); Punishment (7 Y/ 3 Y/ 2 Y + Fine) depends upon gravity of original offence; 2 Intentional omission to give information of an offence - (S. 202); 3 Giving false information regarding an offence committed (S. 203); 4 Destruction / mutilation of any document or record to prevent its production (S. 204);

False evidence in Civil proceedings 1. False personation leading to proceedings / consequences in Suit or Trial (S. 205); 2. Fraudulent removal of property to prevent seizure / forfeiture (S- 206); 3. Fraudulent claim to property Likewise (S. 207); 4. Fraudulent suffering of decree for sum not due - (S. 208); 5. Fraudulently obtaining / executing decree Likewise - (S 210); 6. Dishonestly making false claim in Court to injure / annoy- (S. 209);

Other offences against Public Justice (Ss. 212 -216 A) 1 Harbouring or concealing offender (S. 212); 2 Taking gift / restitution of property etc. to screen offender (S. 213); 3 Offering gift / restitution of property etc. in consideration of screening offender (S. 214); 4 Taking gift to recover any stolen property etc. and then not putting in full efforts (S. 215); 5 Harbouring escaped offender or person whose apprehension has been ordered (S. 216); 6 Harbouring robbers or dacoits to facilitate commission of offences and screening them (S. 216 A); Items 1 & 6 do not apply in a husband-wife case;

Offences by Public Servants against Public Justice-I 1. Disobeying legal direction to save offender from punishment or property from seizure - (S. 217 / 2 Y. + Fine); 2. Framing in Court incorrect record or writing - (S. 218 / 3 Y. + Fine); 3. Making report, order, verdict etc. corruptly against law in judicial proceeding – (S. 219 / 5 Y. + Fine); 4. Intentional omission to apprehend / keep in confinement any person charged with offence – (S. 221)

Offences by Public Servants against Public Justice-II 5. Intentional omission to apprehend / confine any convict / person committed to custody - (S. 222); Ø Punishment (Life or 14 Y. / 5 Y. / 3 Y + fine depending upon gravity of offence ); 6. Negligence resulting in offender’s escape from custody - S. 223 (2 Y. + Fine); 7. 7 Omission to apprehend or suffer escape from custody otherwise not provided - (S. 225 A / 3 or 2 Yrs. + Fine; depending on whether omission was intentional or negligent);

Obstruction or Resistance to Public Justice-I 1 Person resisting his own lawful apprehension- S. 224 (2 Y. + Fine); 2 Person resisting lawful apprehension of another – S. 225; Punishment according to gravity of offence involved; 3 Obstruction / resistance to apprehension otherwise not provided for - S 225 B / 6 months +fine); 4 Violation of condition of remission of sentence by Convict - (S. 227); Punishable with the same sentence already awarded or pending;

Obstruction or Resistance to Public Justice-II 5. Intentional insult or interruption to public servant sitting in Judicial proceeding - S. 228 (6 months + Fine);

More offences against Public Justice 6. Disclosure of identity of victims of certain offences - S. 228 A Ø Such offences fall within the ambit of “rape” as described U/Ss. 376 & 376 A 376 D I. P. C; l Purpose - To protect identity of victim to preserve her honour in society; l Printing / publication of the victim’s name prohibited- Punishable with 2 Y. + Fine);

Disclosure of identity of victims - S. 228 A (Contd. ) Exceptions: Communicating name of victim in good faith for investigation; b With written authorization of victim; c By authorisation of next of kin if victim is dead, minor or of unsound mind; Qualification- only to head of any recognised institution / organisation; 7 Personation / otherwise of a juror or assessor in proceedings and voluntary participation in such capacity - S. 229 (2 Y. +Fine) ;

Problem solving Exercise-1 1. A man Never killed anyone;

Problem solving Exercise-1 2. He never committed any other Capital offence like waging war against the State etc. ;

Problem solving Exercise-1 3. In fact, he never abetted any such offence, nor even incited anyone to do so;

Problem solving Exercise-1 4. Can he still be awarded the Death Sentence for any offence under the I. P. C ?

Problem solving Exercise-2 Zahira Habibullah Sheikh & another Vs. State of Gujarat & others (AIR 2006 S. C. 1367);

Chain of Events 1. Accused in “Best Bakery” case acquitted by Vadododra Sessions (F. T. ) Court in 2003. 2. Zahira Sheikh - key witness whose own family members were victims.

Chain of Events 3. NHRC approaches Supreme Court seeking retrial outside Gujarat– witnesses allegedly intimidated / influenced – Madhu Srivastava, MLA etc. blamed. 4. Supreme Court orders fresh trial in Maharashtra.

Chain of Events 5. Before fresh trial Zahira gives a press statement - hauled up for committing Contempt of Court.

Chain of Events 6. Apex Court finds her guilty of contempt and awards S. I. for 1 Yr. / Fine of Rs. 50, 000/(Fine later waived on 7 -3 -07). 7. Several accused convicted after retrial in Mumbai.

Zahira Sheikh’s case 1. What offence would Zahira appear to have committed in the original trial? 2. What punishment on that count could be awarded to her?

Zahira Sheikh’s case (Contd. ) ØCould other persons (like Madhu Srivastava) be punished for any offence, if allegations of intimidation /bribery were true?