“FALSE CASE AND LEGAL WAY OUT.

INTRODUCTION
In everyday life, telling lies may be forgiven, but what happens when you make false
statements during court proceedings? In a broad sense, a false claim is when someone
deliberately makes an incorrect statement or claim to obtain a benefit or reward, or when
someone knowingly provides (or causes to be given) a false or fraudulent claim to courts.
Today's courts are much harsher when it comes to fraudulent allegations, and individuals
who engage in such behaviour face harsh penalties.

LAW REGARDING THE FRAUDULENT CLAIM IN COURT

Offences against public justice are covered in Chapter 11 of the Indian Penal Code.
Section 209 says, "Dishonestly bringing a false allegation in court, whoever makes false
claims before a Court of Justice, whether fraudulently or dishonestly, or with the desire to
damage or annoy another person, will be punished by imprisonment of either sort for a
time that may extend to two years, as well as a fine."

BASIC ELEMENTS TO CONSTITUTE SECTION 209

The following are the basic elements of a section 209 offence:

 The defendant made a claim;

 The suit was brought in a court of law;
 The assertion was entirely or partially false;
 The defendant was aware that the assertion was false; and
 The allegation was made dishonestly, fraudulently, or to harm or annoy someone.

MEANING OF WORD-"CLAIM" UNDER SECTION 209

The term "claim" is defined under Section 209 of the IPC. A claim is the existence or
non-existence of a factor set of facts upon which a disputing party seeks a court ruling
based on substantive law and its application to the facts as proven. The claim also
includes false denial-defence pleadings. A claim to the existence of fact(s) in the positive
can be made in a plaint, writ petition, or application; however, a claim to the existence of
fact(s) in the negative can be made in a written declaration, counter- affidavit, or reply to
the plaint/petition.

PURPOSE OF CRIMINALIZING FALSE CLAIMS

The purpose of a party making a false claim is to swindle not only the plaintiff but maybe
a third party, The purpose of criminalizing false claims and defences is to prevent
plaintiffs and defendants from abusing the legal system by making purposeful false
statements, therefore perverting the course of justice and undermining the law's authority.
The phrase "with intent to hurt any person" in section 209 suggests that the victim of the
deception could be a third party, not necessarily the plaintiff.

HOW COURTS INTERPRET THIS LAW IN VARIOUS CASES

In the case of Bulaki Ram vs. Queen- Empress (1890)All WNI, the plaintiff was ordered
to be prosecuted for bringing false claims against the defendant to obtain money. The
High Court determined in the case of Badri v. Emperor, AIR 1919 All 323, that section
209 used the words "Court of Justice" rather than "Court of Justice with Jurisdiction." It
makes no difference whether the court in which the fraudulent claim was filed had
jurisdiction to hear the case. In Ramnandan Prasad Narayan Singh v. Public Prosecutor,
Patna Citation -(1921) 22 Cr LJ 467, the Patna High Court concluded that dismissing the
plaintiff's claim would not warrant sanction under section 209 of the Indian Penal Code.
It is insufficient to show that the accused failed to substantiate his claim in the civil suit
or that the code did not rely on evidence because of contradictions or improbabilities.
Overconfidence is not the same as making a misleading assertion.

Section 209 is not compoundable or cognizable. A person has committed an offence

under section 209 when he simultaneously makes false statements in a court of law. The
Delhi High Court in the case of, Hs Bedi vs National Highway Authority of India held
that, when a false claim is filed in court, the crime is complete. In the case of, Bachoo
Mohan Singh v. Public Prosecutor Citation (2010) SGCA 25, the Singapore supreme
court held that false assertions do not include overestimation or overstated pleas.
SOME OTHER RULINGS ON FALSE CLAIMS IN COURT
In the case of, Deputy legal remembrance and Public Prosecutor of Bihar and Orissa vs.
Ram Udhar Singh citation here 1915 cal 457, The Kolkata High Court gave Ram Udhar
Singh (plaintiff) permission to be prosecuted under section 209 of the Indian Penal Code
for filing a bogus claim in court through a recovery suit. The Supreme Court of India has
not Issued a direct judgment on Section 209 of the Indian Penal Code, but it has
expressed concern over fraudulent claims in court in several cases and has utilized its
contempt power in some cases to penalize litigants for their false claims. Motivated
falsehoods must be dealt with appropriately; otherwise, no court would be able to provide
true justice.

WHICH COUNTRIES HAVE THE SAME LAW AS SECTION 209

In Singapore, a provision similar to Section 209 is common. Malaysia, Pakistan,
Myanmar and Brunei are both Muslim-majority countries. These five countries' penal
codes are identical to section 209 of the Indian Penal Code.

CONCLUSION
The Indian Penal Code's Section 209 should only be used to defend the court's
legitimacy, not to persecute the righteous. The Delhi High Court declared unequivocally
that section 209 should be used by the judiciary to defend the rights of the good, and that
it should be enacted as soon as possible to prevent false claims in the courts. Half of the
cases currently lingering in Indian courts would be settled if Section 209 were introduced
sooner.

“This opinion is based on the Youtube video https://youtu.be/zk0k0KzP1u4 of Advocate

Jeevan Prakash , AOR , Supreme court”.