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Ram lal Jat   29 July 2023

complain case

I file complain case but forget about add section 211 ipc.
can I add now this section at the stage of examination of SA.


Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     30 July 2023

No, you will not be permitted to do so, the case can be tried on the basis of the pleadings made, hence it will not make any much difference now

Dr. J C Vashista (Advocate and Legal Consultant)     30 July 2023

What is the case and under which provision of Indian Penal Code, 1860 the complaint case is being tried where the accused is stated to be facing trial and at the stage of SA?

Your query regarding Section 211 of IPC is vague which reads as:

Section 211 in The Indian Penal Code

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 descripttion 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, 1[imprisonment for life], or imprisonment for seven years or upwards, shall be punishable with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

Accordingly allegation / charge undeer Section 211 has to be taken up separately, if complainant is unable to prove his / her charge(s)


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