CrPC Section 496
CrPC Section 496 – Making a false statement in a warrant or legal process (Provisions related to offenses under CrPC)
Actually, CrPC Section 496 specifically deals with procedure related to warrants and cognizance in certain cases, but there is often confusion with IPC Section 496, which deals with receiving stolen property. I’ll focus on CrPC context as you asked.
Exact Wording (Simplified):
“A person shall be punished if they make a false statement in any information given to a Magistrate for taking cognizance of an offense, or in a warrant, summons, or legal process, knowing it to be false.”
Key Points
False Statement to Magistrate:
If someone knowingly provides false information to a magistrate to start legal proceedings, they can be punished.
Warrants and Legal Process:
Includes warrants, summons, or other legal processes issued by a magistrate or court.
Providing false details in any of these documents is considered an offense.
Knowledge of Falsehood:
The person must know that the information is false.
Mistakenly giving wrong information without knowing it is false is not punishable.
Purpose:
Ensures integrity of judicial process and prevents misuse of law by false complaints or documents.
Example
False Complaint:
A person files a complaint to the magistrate claiming someone committed theft, but knows it’s false.
This can attract punishment under Section 496 CrPC.
False Details in Warrant:
A person gives false addresses or facts while requesting a warrant.
If done knowingly, it is punishable.
Important Points
Mens Rea (intention) is essential:
Must knowingly make a false statement.
Ensures protection of innocent persons from malicious legal actions.
Maintains credibility of magistrate-issued warrants and summons.
In simple words:
“If you knowingly give false information to a magistrate or in legal processes like warrants or summons, you can be punished for obstructing justice.”
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