Shashwati Chowdhury
Published on: July 15, 2022 at 17:47 IST
According to the Supreme Court’s on Thursday, the expression “falsely charges” in Section 211 of the Indian Penal Code refers to the initial accusation that starts the criminal investigation, not false depositions or false evidence presented during a criminal trial.
The Supreme Court emphasised that statements made with the intention to set criminal law in motion would constitute as “charges” under the provision.
A Bench comprising of Justices A.M. Khanwilkar and J.B. Pardiwala declined to initiate such proceedings in against an application filed by the Union Government for the initiation of perjury proceedings against the petitioners who had filed a plea in 2009 seeking an independent probe into the alleged extrajudicial killing of Adivasis in Chhattisgarh by security force.
Alternately, it suggested the State Government or the CBI to take necessary action against the petitioners in accordance with Section 211 IPC and other relevant laws.
Santokh Singh And Ors. v. IzharHussan And Anr. (1973) 2 SCC 406, which elucidated Section 211 IPC (false charge of offence made with intent to injure), the Bench identified the key ingredients of the provision.
The Court identified the two conditions that must be satisfied before filing a complaint against a person who has adduced false affidavit or evidence before a court, particularly Sections 191, 192, and 193 IPC and Sections 195 and 340 Cr.P.C.
It was further noted that the Constitution Bench of the Supreme Court had held in M.S. Sheriff v. State of Madras and Others that that no expression on the guilt or innocence of persons should be made by the concerned court while passing an order under Section 340 of the Criminal Procedure Code.
