FALSE PROSECUTION UNDER IPC

Name: Sarit Ghosh

Intern Code: TAL/ADVSOL/23[S]/865

False prosecution, under the Indian Penal Code (IPC), refers to the act of intentionally
initiating or instigating a false criminal case against an individual with the intention to harm,
harass, or falsely incriminate them. False prosecution is considered a criminal offense and is
punishable under the IPC.

The primary provisions in the IPC that deal with false prosecution are:

1. Section 182: This section addresses the offense of giving false information to a public
servant with the intent to cause a wrongful action or prevent a lawful action. If a
person knowingly provides false information or false evidence to a public servant,
such as a police officer or a court, they can be charged under Section 182. The
punishment for this offense may include imprisonment, fine, or both.
2. Section 191: This section deals with the offense of giving false evidence. If a person
intentionally gives false evidence, either orally or in writing, during any stage of a
judicial proceeding, they can be charged under Section 191. The punishment for this
offense may include imprisonment and fine.
3. Section 211: This section addresses the offense of making a false charge against a
person, accusing them of an offense punishable by law with imprisonment or a more
severe penalty. If a person falsely accuses another person of a crime, knowing that the
accusation is false, and with the intention to cause injury, they can be charged under
Section 211. The punishment for this offense may include imprisonment and fine.
4. Section 499: This section pertains to defamation, which may overlap with false
prosecution in certain cases. If a person falsely imputes a crime or misconduct to
another person, harming their reputation, they may be charged with defamation.
However, it is essential to establish that the false imputation was made with the
intention to harm or with knowledge that it could harm the person's reputation.

False prosecution is a serious offense as it undermines the integrity of the legal system and
can cause significant harm to the innocent individuals who are wrongfully accused. These
provisions in the IPC act as deterrents against false prosecution, ensuring that those who
knowingly initiate false criminal cases face legal consequences.

It refers to the act of deliberately initiating or instigating a criminal case against an individual
with the intention of falsely incriminating, harming, or harassing them. It involves falsely
accusing someone of committing a crime and subjecting them to legal proceedings, knowing
that the accusations are baseless or fabricated.

It is considered a grave offence as it not only violates the rights of the falsely accused but also
undermines the credibility and fairness of the legal system. It can lead to severe consequences
for the innocent individuals targeted, including damage to their reputation, emotional distress,
financial burden, and loss of personal freedom.

In many jurisdictions, including India, false prosecution is recognized as a criminal offense

and is punishable under the law. The legal provisions relating to false prosecution typically
include charges such as giving false information to a public servant, providing false evidence,
making false charges, or defamation.

The aim of prosecuting false prosecution cases is to hold accountable those who misuse the
legal system and intentionally cause harm to others through false accusations. It serves as a
deterrent against such misconduct and helps protect the rights and interests of individuals
who may become victims of false prosecution.

It is essential for the judicial system to thoroughly investigate and determine the truthfulness
of accusations before proceeding with legal actions. Proper evidence and due process should
be followed to ensure that innocent individuals are protected from false charges, and the
guilty parties responsible for false prosecution are held accountable.

Efforts are made to safeguard against false prosecution through mechanisms such as stringent
legal provisions, legal aid for the accused, fair trial procedures, the burden of proof resting on
the prosecution, and the presumption of innocence until proven guilty.

Addressing false prosecution requires a balanced approach that upholds the principles of
justice, protects the rights of individuals, and promotes the integrity and effectiveness of the
legal system. Strong legal safeguards, public awareness, and ethical conduct by all
stakeholders, including law enforcement agencies, prosecutors, and the judiciary, play a
crucial role in preventing and rectifying false prosecution cases.
Section 182 of the Indian Penal Code (IPC) deals with the offense of giving false
information to a public servant with the intent to cause a wrongful action or prevent a lawful
action. This section aims to protect the integrity of the legal system and ensure that false
information is not provided to public servants, such as police officers or courts, which may
result in wrongful actions or obstruction of justice. Here are a few notable case laws related
to Section 182 IPC: (RAJASTHAN HIGH COURT CASES)

1. State of Rajasthan v. Rajesh (2012 CriLJ 3874) - Rajasthan High Court: In this case,
the court held that Section 182 IPC covers cases where false information is given not
only to the police but also to other public servants, such as judicial officers. The court
emphasized the need to establish the accused's intention to cause a wrongful action or
prevent a lawful action through the false information.

2. Prakash Chand v. State of Rajasthan (2010 Cri.LJ 1084): The Rajasthan High Court,
in this case, reiterated that the offense under Section 182 IPC requires proof of
deliberate and intentional provision of false information with the knowledge that it is
false. The court emphasized that the intention to cause harm or prevent lawful action
must be established for a conviction.

3. State of Rajasthan v. Pukhraj (2015): In this case, the accused gave false information
to the police alleging that his wife had been kidnapped. The Rajasthan High Court
held the accused guilty under Section 182 IPC for providing false information to a
public servant with the intent to cause wrongful action. The court emphasized that
false complaints hinder the efficient functioning of the police and waste valuable
resources.

4. Ram Lal v. State of Rajasthan (2013 Cri.LJ 2433): In this case, the accused lodged a
false complaint against another person, accusing him of committing a serious offense.
The Rajasthan High Court observed that the accused intentionally provided false
information, with the knowledge that it would harm the reputation and subject the
accused person to legal proceedings. The court convicted the accused under Section
182 IPC.

5. State of Rajasthan v. Pawan Kumar (2006 Cri.LJ 345): The accused in this case filed
a false complaint with the police, falsely accusing a person of committing a serious
offense. The Rajasthan High Court held that the accused's act of knowingly providing
false information to the police, with the intention to falsely implicate someone,
amounted to an offense under Section 182 IPC. The court emphasized the need to
deter individuals from making false complaints and upheld the conviction of the
accused.
These case laws illustrate the importance of proving both the falsity of information and the
intention to cause wrongful action or prevent lawful action in order to secure a conviction
under Section 182 IPC. The courts have emphasized that this offense should not be invoked
lightly and require careful consideration of the evidence and intent of the accused.

Section 211 of the Indian Penal Code (IPC) deals with the offense of making a false
charge against a person, accusing them of an offense punishable by law with imprisonment or
a more severe penalty. This section aims to deter individuals from falsely accusing others and
causing harm by subjecting them to legal proceedings. Here are a few notable case laws
related to Section 211 IPC: (RAJASTHAN HIGH COURT CASES)

1. Mohd. Ayub v. State of Rajasthan (2001 Cri.LJ 438): In this case, the accused filed a
false FIR against another person, falsely implicating him in a criminal offense. The
Rajasthan High Court held that the accused's act of deliberately making false charges
with the intention to cause harm fell within the ambit of Section 211 IPC. The court
emphasized the need to discourage individuals from making false accusations and
upheld the conviction of the accused.

2. State of Rajasthan v. Chhagan Lal (2012 Cri.LJ 1002): In this case, the accused
falsely accused a person of committing murder, resulting in a trial against the innocent
person. The Rajasthan High Court held that making a false charge against someone,
knowing it to be false and with the intention to cause injury, amounts to an offense
under Section 211 IPC. The court emphasized the need for evidence and intent to
prove guilt under this section and upheld the conviction of the accused.

3. Raghunath v. State of Rajasthan (2011 Cri.LJ 4207): In this case, the accused falsely
implicated another person in a criminal case by providing false evidence. The
Rajasthan High Court held that the accused's act of intentionally making false charges
and presenting false evidence against an innocent person constituted an offense under
Section 211 IPC. The court stressed the importance of maintaining the integrity of the
legal system and upheld the conviction of the accused.

4. State of Rajasthan v. Ram Charan (2013 Cri.LJ 4400): In this case, the accused falsely
accused a person of committing a murder, leading to his arrest and detention. The
Rajasthan High Court held that the accused's act of intentionally making a false
charge against the person, knowing that it would cause injury and harm, constituted
an offense under Section 211 IPC. The court upheld the conviction of the accused and
emphasized the need to deter individuals from making false charges.
 5. State of Rajasthan v. Mohan Lal (2015 Cri.LJ 1128): In this case, the accused filed a
false complaint with the police, falsely accusing a person of theft. The Rajasthan High
Court held that the accused's act of intentionally making false charges against another
person, knowing the charges to be false and with the intention to cause injury, fell
within the purview of Section 211 IPC. The court emphasized the need to deter
individuals from making false allegations and upheld the conviction of the accused.

These case laws highlight the importance of proving both the falsity of the charge and the
intention to cause injury in order to secure a conviction under Section 211 IPC. The courts
have emphasized that false charges should not be made lightly, and individuals must be held
accountable for knowingly making false accusations that harm others and undermine the
credibility of the legal system.

Written By: Sarit Ghosh