Indian Penal Code,1860  - Section 191 , Section 193 , Section 195

Giving false evidence - to constitute an act of giving false evidence, a person must make a statement which is either false to the knowledge or belief of the maker or which the maker does not believe to be true. Further, it requires that such a statement is made by a person (1) who is legally bound by an oath; (2) by an express provision of law to state the truth; or (3) being bound by law to make a declaration upon any subject.

Indian Penal Code,1860  - Section 417 , Section 506 , The Code of Criminal Procedure, 1973  - Section 190 , Section 193 , Section 195

Private complaint - Dismissal - Sustainability - Trial Court acquitted appellant against both charges - Appellant filed complaint before Judicial Magistrate u/s. 190 CrPC against respondent for an offence u/s. 193 IPC - Complaint was dismissed as not maintainable - Aggrieved on appeal HC the dismissed the appeal - Hence instant appeal -Held, in the light of the language of s. 195 CrPC SC did not find fault with the conclusion of the Magistrate in dismissing the complaint of appellant for the reason that the complaint was not filed by the person contemplated u/s. 195 CrPC - Court before which the instant complaint was lodged was not the same Court before which appellant was prosecuted by respondent - In instant case when appellant alleged that he had been prosecuted on the basis of a palpably false statement coupled with the further allegation in his complaint that respondent did so for extraneous considerations, SC was of the opinion that it was an appropriate case where the HC ought to have exercised the jurisdiction u/s. 195 CrPC - Allegation such as the one made by complainant against respondent was not uncommon - As was pointed earlier by this Court in a different context 'there was no rule of law that common sense should be put in cold storage' in Prakash Chandra Mehta v. Commissioner and Secretary, Government of Kerala & Ors., 1985 Indlaw SC 76 - Matter was remitted to the HC for further appropriate course of action to initiate proceedings against respondent on the basis of the complaint of appellant in accordance with law - Appeal allowed.

Topic(s)-False charge of offence made