Home > Uncategorized > List of various Counter cases you can file against a false 498a

List of various Counter cases you can file against a false 498a

By the way I suggest the following sections of Indian Penal Code

 

CHAPTER XI: OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC

JUSTICE

 

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.

 

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”.

 

193. Punishment for false evidence

Whoever intentionally gives false evidence in any stage 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.

 

195. Giving or fabricating false evidence with intent to procure conviction of offence

punishable with imprisonment for life or imprisonment

 

Whoever gives or fabricates false evidence intending thereby to cause, or knowing it to

be likely that he will thereby cause, any person to be convicted of an offence which

102[by the law for the time being in force in 103[India]] is not capital, but punishable

with 104[imprisonment for life], or imprisonment for a term of seven years or upwards,

shall be punished as a person convicted of that offence would be liable to be punished.

 

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.

 

 

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.

 

200. 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.

 

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.

 

 

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,

104[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.

 

 

CHAPTER XXI: OF DEFAMATION

 

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 expected, to defame that

person.

 

First Exception- imputation of truth which public good, requires be making or

publishing – It is not defamation to impute anything which is true concerning any person,

if it be for the public good that the imputation should be made or published. Whether or

not it is for the public good is a question of fact.

 

Second Exception- Public conduct of public servants- It is not defamation to express in

a good faith any opinion whatever respecting the conduct of a public servant in the

discharge of his public functions, or respecting his character, so far as his character

appears in that conduct, and no further.

 

    Third Exception- Conduct of any person touching any public question- It is not

defamation to express in good faith any opinion whatever respecting the conduct of any

person touching any public question, and respecting his character, so far as his character

appears in that conduct and no further.

 

    Fourth Exception- Publication of reports of proceedings of Courts- It is not defamation

to publish substantially true report of the proceedings of a Court of Justice, or of the

result of any such proceedings.

 

Fifth Exception- Merits of case decided in Court or conduct of witnesses and others

concerned- It is not defamation to express in good faith any opinion whatever respecting

the merits of any case, civil or criminal, which has been decided by a Court of Justice, or

respecting the conduct of any person as a party, witness or agent, in any such case, or

respecting the character of such person, as far as his character appears in that conduct,

and no further.

 

Sixth Exception- Merits of public performance- It is not defamation to express in good

faith any opinion respecting the merits of any performance which its author has submitted

to the judgment of the public, or respecting the character of the author so far as his

character appears in such performance, and no further.

 

 Seventh Exception- Censure passed in good faith by person having lawful authority

over another- It is not defamation in a person having over another any authority, either

conferred by law or arising out of a lawful contract made with that other, to pass in good

faith any censure on the conduct of that other in matters to which such lawful authority

relates.

 

Eight Exception - Accusation preferred in good faith to authorized person- It is not

defamation to prefer in good faith an accusation against any person to any of those who

have lawful authority over that person with respect to the subject-matter of accusation.

 

Ninth Exception- Imputation made in good faith by person for protection of his or

other’s interests- It is not defamation to make an imputation on the character of another

provided that the imputation be made in good faith for the protection of the interests of

the person making it, or of any other person, or for the public good.

 

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.

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Categories: Uncategorized
  1. yogesh
    May 14, 2013 at 8:42 PM

    I don’t think one can file cases when the matter is pending beforew the courts..Except 340 Crpc..the court case is maintainable only after the disposal of the matter as courts cannot run 2 parallel cases simultaneously

  1. October 15, 2013 at 1:08 AM

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