Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Dipen   05 January 2017

Action against judge for not performing his duty honestly

Hi Expert,

 

If during hearing of maintenance case, applicant clearly accept something that makes applicant’s affidavit false. In such scenario judge must initiate CrPC 340, 195 for enquiry and lodge complaint against applicant under IPC 177, 191, 193.

 

Despite such proven scenario if judge not prosecute applicant then judge is using his lawful power to protect a criminal who committed crime against IPC 177, 191, 193 and not performing his duty honestly.

 

My query is,

-What crime judge is doing under which IPC act or any other act (probably IPC 181 or 182) for not performing his duty honestly?

-How a judge can be prosecuted in such scenario?

 

Please suggest.



Learning

 8 Replies

Sachin (N.A)     05 January 2017

Judge cannot be prosecuted, you can only file revision/appeal against the decision.

Dipen   05 January 2017

No Sachin, you may not be aware that judge can also be prosecute:

 

https://www.facebook.com/notes/mohini-kamwani/how-to-file-a-complaint-against-prosecute-judges-part-1/643227322423386/

 

Still I am looking for suggestion on following:

 

- What crime judge is doing under which IPC act or any other act (probably IPC 181 or 182) for not performing his duty honestly?

- How a judge can be prosecuted in such scenario?

Adv. Yogen Kakade (+ 91 9225510883)     05 January 2017

Write an application addressed to the District Judge to look into the issue.

Dipen   05 January 2017

Thanks Adv. Yogen Kakade for the suggestion.

 

There is a provision as per section 16 and 2B of the contempt of court act, 1971 where a judge can be prosecute for “Contempt by judge, magistrate or other person acting judicially.” It could be punishable under section 12 “Punishment for contempt of court” with a contempt of court may be punished with “simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.”

 

But this section is not considered as strong because the person who committed crime under this section can be acquitted merely based on unconditional apology.

 

That’s why, I am looking for some strong IPC law that can punish a lawful person who do not perform his/her lawful duty and it causes protection of criminal by not punishing under IPC 177, 191, 193. Please advice.

Dipen   05 January 2017

Dear Expert,

 

It seems, following IPC section can be applied. Please suggest.

 

IPC 218. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.

 

IPC 219. Public servant in judicial proceeding corruptly making report, etc., contrary to law --- shall be punished with imprisonment of either descripttion for a term which may extend to seven years, or with fine, or with both.

 

Mukesh sharma (job )     05 January 2017

I agree with yogen sir advice you file for revision application to district judge or in high court if you are not satisified with lower court judge 


(Guest)
Originally posted by : Dipen
Hi Expert,

 

If during hearing of maintenance case, applicant clearly accept something that makes applicant’s affidavit false. In such scenario judge must initiate CrPC 340, 195 for enquiry and lodge complaint against applicant under IPC 177, 191, 193.

 

Despite such proven scenario if judge not prosecute applicant then judge is using his lawful power to protect a criminal who committed crime against IPC 177, 191, 193 and not performing his duty honestly.

 

My query is,

-What crime judge is doing under which IPC act or any other act (probably IPC 181 or 182) for not performing his duty honestly?

-How a judge can be prosecuted in such scenario?

 

Please suggest.

Judge/Court cant be held responsible for not taking any action until unless such application is made to the court and court goes through such application and proceeds with trial to decide upon merits and non merits of the case and pass orders based on such merits mentioned in such complaint.  In your case where did you complain to the court for court to take cognizance of such action?  You have simply put what all half baked knowledge you have without initiating a complaint under any of the above sections mentioned either in IPC or CRPC.  What do you want the court to do without you giving written complaint?

If you give written complaint to that effect, court will look into matter and then decide upon case. Be advised that this is one way route, going in is easy, if you fail to prove that he or she lied in the affidavit, you will do time in jail 7 years for not being able to prove your allegations that he or she lied under oath.  There should also be a clause of undertaking in the affidavit of the oath that he or she took in box, only then affidavit holds good.  Lot of complexities involve between pen and paper which are difficult to explain in your case.


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