CrPC Section 211
Section 211 of the Criminal Procedure Code (CrPC), 1973
False Charge of Offence Made with Intent to Injure
Bare Text of Section 211:
"Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; and if the charge is one which is exclusively triable by a Court of Session, the punishment may be extended to three years."
Detailed Explanation:
1. Meaning and Purpose:
Section 211 punishes the act of maliciously initiating false criminal proceedings or falsely accusing someone of a crime with the intention to harm or injure that person.
This section safeguards individuals from being harassed or persecuted through wrongful legal action.
2. Key Elements:
| Element | Explanation |
|---|---|
| Intent to Injure | The person must have a deliberate intention to cause harm or injury. |
| False Charge or Proceedings | Filing a criminal complaint or initiating proceedings without any just or lawful ground. |
| Knowledge of Falsity | The complainant must know that the charge or complaint is baseless. |
| Punishment | Imprisonment up to 2 years, or fine, or both. |
| Enhanced Punishment | If the case is triable only by the Court of Session, imprisonment can extend up to 3 years. |
3. Importance:
Protects individuals from vexatious litigation and malicious prosecution.
Encourages responsible use of the criminal justice system.
Deters misuse of the courts to harm others unfairly.
4. Practical Example:
Person A files a false complaint accusing Person B of theft, knowing Person B is innocent, with the sole aim to damage B’s reputation or cause harassment.
Person A can be prosecuted under Section 211.
Summary Table:
| Aspect | Details |
|---|---|
| Offence | Maliciously instituting false criminal proceedings or charges |
| Required Intent | To cause injury or harm |
| Knowledge | Knowing the charge/proceeding is baseless |
| Punishment | Imprisonment up to 2 years or fine or both |
| Enhanced Punishment | Up to 3 years if triable exclusively by Court of Session |
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