My brother has been discharged from JJ board in a false criminal case u/s 498a after seven years long battle.
now he has to file damages/ counter cases claim so Under which law that claim for false prosecution can be filed and under which provision.
Please advise experts.
Five years running in MM to session court for declaring junile.
after considering juvnile 2 years fight in JJ board.
Hello Sir,
The case will fall under Section 209 of the Indian Penal Code, 1860. Section 209 of the Indian Penal Code makes dishonestly making a false claim in a Court as an offence punishable with imprisonment up to two years and fine.
The essential ingredients of an offence under Section 209 are:
The accused made a claim
The claim was made in a Court of Justice
The claim was false, either wholly or in part
That the accused knew that the claim was false; and
The claim was made fraudulently, dishonestly, or with intent to injure or to annoy any person.
The offence is complete the moment a false claim is filed in Court.
In the matter malicious prosecution of S. Nambi Narayanan v. Siby Mathews, 2018 SCC OnLine SC 1500, ‘Life demands self-respect and dignity’, were the words of former CJI Deepak Misra while awarding a compensation of Rs. 50 Lakhs to ISRO scientist Nambi Narayanan who was falsely accused of espionage by the Kerala Police. Section 211 of the Indian Penal Code which punishes any person with the intent to injure any person is also applicable. Further, a case of defamation can also be filed under Section 499 of the Indian Penal Code, 1860.
