False charge of offence made with intent to injure
AI Assist
Summary
Intentionally starting or causing a criminal proceeding against someone, or falsely charging them with an offence, to injure that person is a punishable offence. If there is no just or lawful ground for the charge, the offender may face up to five years imprisonment, or a fine up to two lakh rupees, or both. If the false charge alleges an offence punishable with death, life, or ten years or more, the term may extend to ten years and a fine.
Example
Priya files an FIR accusing her neighbour Ravi of theft, though she knows he did not steal, because she wants him punished. Since she instituted the proceeding without any lawful ground and with intent to injure, she can be punished under this section with up to five years imprisonment or a fine up to two lakh rupees, or both.
Bare Act
Enacted textWhoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person
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(a) shall be punished with imprisonment of either description for a term which may extend to five years, or with fine which may extend to two lakh rupees, or with both;
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(b) if such criminal proceeding be instituted on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for ten years or upwards, shall be punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
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