46. Prosecution for false complaint and payment of compensation, etc., to public servant.—(1)
Notwithstanding anything contained in this Act, whoever makes any false and frivolous or vexatious
complaint under this Act shall, on conviction, be punished with imprisonment for a term which may
extend to one year and with fine which may extend to one lakh rupees.
(2) No Court, except a Special Court, shall take cognizance of an offence under sub-section (1).
(3) No Special Court shall take cognizance of an offence under sub-section (1) except on a complaint
made by a person against whom the false, frivolous or vexatious complaint was made or by an officer
authorised by the Lokpal.
(4) The prosecution in relation to an offence under sub-section (1) shall be conducted by the public
prosecutor and all expenses connected with such prosecution shall be borne by the Central Government.
(5) In case of conviction of a person [being an individual or society or association of persons or trust
(whether registered or not)], for having made a false complaint under this Act, such person shall be liable
to pay compensation to the public servant against whom he made the false complaint in addition to the
legal expenses for contesting the case by such public servant, as the Special Court may determine.
1. Subs. by Act 37 of 2016, s. 2, for section 44 (w.e.f. 16-1-2014).
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(6) Nothing contained in this section shall apply in case of complaints made in good faith.
Explanation.—For the purpose of this sub-section, the expression “good faith” means any act
believed or done by a person in good faith with due care, caution and sense of responsibility or by mistake
of fact believing himself justified by law under section 79 of the Indian Penal Code (45 of 1860).
47. False complaint made by society or association of persons or trust.—(1) Where any offence
under sub-section (1) of section 46 has been committed by any society or association of persons or trust
(whether registered or not), every person who, at the time the offence was committed, was directly in
charge of, and was responsible to, the society or association of persons or trust, for the conduct of the
business or affairs or activities of the society or association of persons or trust as well as such society or
association of persons or trust shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment provided in this Act, if he proves that the offence was committed without his knowledge or
that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been
committed by a society or association of persons or trust (whether registered or not) and it is proved that
the offence has been committed with the consent or connivance of, or is attributable to any neglect on the
part of, any director, manager, secretary or other officer of such society or association of persons or trust,
such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and
shall be liable to be proceeded against and punished accordingly.