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Varun2020   11 January 2020

procedure for IPC 211

Respected Members,

My wife lodged false 498A IPC case 1 year back. no chargesheet till now. but I've her confession that she lodged it with the advice of her parents. Also I've documentary evidence that can prove the allegations are false.

Now can I take against her u/s 211 IPC. if yes then what should be the procedure?


 10 Replies

TGK REDDI   11 January 2020

It's a strong ground for proceeding under Section 211 of The Indian Penal Code.


There're two procedures.

One: Inform the police.   Afterwards it'll be their lookout.

Two: File, either in person or through an Advocate, a Complaint under Section 200 of The Criminal Procedure Code mentioning Section 211 of The Indian Penal Code.    This's popularly known as Private Complaint, a phrase not found in The Criminal Procedure Code.

The phrase Anticipatory Bail is, by the by, also known popularly and also not found in The Criminal Procedure Code.

But remember, a case is rarely won on merits.

G.L.N. Prasad (Retired employee.)     12 January 2020

First, prepare for defense and come out free from 498 and do not go for ego problems for the present.  Contact a local advocate, discuss with him the issues, and he can certainly show the correct way to come out of the muddle. Focus only on remedy at this point of time and peace of mind without revengeful attitude, as you will be killing more yourself in this exercise.

TGK REDDI   12 January 2020

The principle that the best defence is offence may, of course, not work always.

But I wrote in defence of an offensive approach because, when the Questioner is unable to win 498 case or is short of money to fight the case, my suggestion would admirably suit him.

She perhaps has a plus but surely has a minus which, in all probability, will, by out-of-court settlement,  make her withdraw her case.

G.L.N. Prasad (Retired employee.)     12 January 2020

Members can only give suggestions depending on their knowledge or experience  - and the final decision is left to the queriest - ultimately queriest  has to apply his mind and in his own interest discuss pros and cons.before implementing the guidance given in the forum.   Whatever members may suggest is not VEDA,  Perceptions may differ.  Let the queriest decide what is best and useful to him.

1 Like

Rupin Dhama   12 January 2020

First get the judgment in your pending matter and if that comes in your favor then go for the legal action against your wife.

Rupin Dhama   12 January 2020

For more information contact us on 9999121211, or email us on info.lawjunction@gmail.com. .

Rupin Singh Dhama
Law Junction

P. Venu (Advocate)     12 January 2020

The facts posted suggest no cause for action, civil or criminal.

Dr J C Vashista (Advocate)     13 January 2020

What is the relation of Section 211 & 498A IPC, if it is a true story ?

What is the opinion and advise of the lawyer engaged / paid by you who is well aware about facts and circumstances of the case, an able, competent and intelligent enough to satisfy you? If you have lost faith in your lawyer change him/ her immediately.

However, if you feel strong to obtain a second opinion / advise consult a local prudent lawyer with relevant records for appreciation of facts, professional advise and proceeding as required.

TGK REDDI   13 January 2020

If there's no legal relation between Section 211 and Section 498A, there, I think, is mathematical one between them.

Mathematics?     What has this to do with Courts?

If it has nothing to do with Courts, it certainly has something to with protecting the Questioner.

If there's a possibilty of a success for the woman as regards to Section 498A, there's certainty of success for the Questioner as regards Section 211.    This means the woman has one plus and one minus as regards Section 211 because the Questioner is strong.      Add them.    Zero.    The Questioner is safe.

If there's no possibility of a success for the woman as regards Section 498A, the woman has one minus and, as before, one minus as regards Section 211.    Add them. The Questioner is doubly safe.

Legally however both will suffer in the first instance above.    In the second instance, only will the woman suffer.

This state of affairs forces the woman to withdraw her case.     I preach that the woman should withdraw.

No preaching permitted in lawyersclubindia?     Let me know the regulation.

No academic Query allowed in lawyersclubindia?    Let me know the regulation.

Is locus standi sine qua non?   Let me know the regulation.

Can some Experts ( I'm not an Expert ) say thus?:

Are vulgar words not allowed in lawyersclubindia?    Let's know the regulation.

Let them say.    I'll answer only then. 

What is counselling?    Is it not preaching?

What is out-of-court settlement?     Is it not preaching?

Advices are not disallowed in lawyersclubindia.    Instigating to proceed legally can't always be appreciated.

1 Like

T. Kalaiselvan, Advocate (Advocate)     18 January 2020

this section of the Code makes it a criminal offence to institute fake or false criminal proceedings against any person(s) or falsely charge anyone of a crime. When accusing someone of having committed an offence under this provision, it has to be established that the person who brought the alleged false charges was well aware of the fact that the said charges were false.

The punishment for committing an offence under this section is generally imprisonment upto a period of two years and/or fine, but if the said false charge is regarding an offence punishable with death, life imprisonment, or a maximum period of imprisonment of seven years or more, then the punishment under this provision gets increased to imprisonment upto a period of seven years, and also a fine if the court deems it so.

An important, but infrequently used provision that is to be kept in mind when dealing with false 498A and domestic violence cases.

In my opinion it would be better that you challenge her false case in the trial proceedings based on the documentary evidence you possess  to nulligfy her false allegations and get acquitted instead of taking a round about way seeking solution for this.

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