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Aditya Pratap Singh   07 May 2020

False Statement in FIR

The complainant files a complaint leading to FIR under sections 376, 506 IPC alleging false promise of Marriage.
In the Complaint and FIR, complainant claims to be a Government Teacher whereas on verifying from authorities she is found to be lying while she is an Anganwadi Helper.

She alleges to have been approached by the accused on account of both of them being Govt.Employees as such they could be good for marriage and hence had an affair and thus the FIR on false promise.

How can this false claim of being teacher be used to question credibility of story and offences U/s 182 or other offences in IPC ?

Thank you.


Learning

 4 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     07 May 2020

1.  Anything (Documentary evidences /Witnesses /Video recordings /etc.... ) requires proving can be proved ONLY during Trial Proceedings in a Magistrate Court.  Police during investigation inquiry would find out the truth and reflect that in their report.

2. You may consider filing counter FIR against the person, for probable offences of Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

3. Making False Promise of Marriage is not an offence as upheld by several judgments of HC /SC.  Similarly physical relationship "with mutual consent" by both partners is not an offence of Rape or anything.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

P. Venu (Advocate)     07 May 2020

The falsity is only as to an incidental aspect; it is a subjective matter whether an anganwadi worker is a teacher otherwise. The real issue is whether the physical relationship was with consent otherwise. During the trial, this allegation needs to be proved by the prosecution. An accused trying to defend himself on incidental aspect is bound to be couterproductive.

Dr J C Vashista (Advocate)     08 May 2020

Section 182 in The Indian Penal Code

186 [182. False information, with intent to cause public servant to use his lawful power to the injury of another person.—Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant—

(a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or

(b) to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either descripttion for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Illustrations

(a) A informs a Magistrate that Z, a police-officer, subordinate to such Magistrate, has been guilty of neglect of duty or miscon­duct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section.

(b) A falsely informs a public servant that Z has contraband salt in a secret place knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z’s premises, attended with annoyance to Z. A has committed the offence defined in this section.

(c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any person as one of his assistants, but knows it to be likely that in consequence of this information the police will make enquiries and institute searches in the village to the annoyance of the villages or some of them. A has committed an offence under this section.]

During the examination in-chief and cross examination of prosecution witness you (your counsel) has to put specific question to prove that the complainant has submitted false information. Before, proving your statement it is not possible to declare that the statement made by complainant is true or false.

1 Like

G.L.N. Prasad (Retired employee.)     08 May 2020

I am afraid that the accused is not vested with any rights or powers than defending himself through statements and evidence at an appropriate time before competent authorities.


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