Dishonestly making false claim in Court

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

1. Ashwini Kumar vs State of Bihar& ANR.

   High Court 12 Feb 2018 Persuasive (Other HC)

   Decided under Indian Penal Code 209, which this section replaces. The court did not have this Act before it.

   Court's Decision & Legal Precedent

   When a compromise decree in a civil property dispute has been set aside by a competent civil court and civil litigation on the same subject matter is pending determination between the parties, anticipatory bail may be granted in a criminal complaint arising from the same transaction, subject to stringent conditions ensuring the petitioner's cooperation with the trial and preventing tampering with evidence or witnesses.

   On this section: Fabricating false evidence - alleged fabrication of compromise documents

   Read the full order on eCourts India

2. Seema Thakur vs Union of India

   High Court 19 Aug 2015 Persuasive (Other High Court)

   Decided under Indian Penal Code 209, which this section replaces. The court did not have this Act before it.

   Court's Decision & Legal Precedent

   Judicial admissions made by a party in pleadings in earlier civil proceedings constitute a waiver of proof and are fully binding on the party making them. Such admissions stand on a higher footing than evidentiary admissions and cannot be explained away by alleging collusion between advocates or subsequent disputes between parties. A party cannot contradict judicial admissions made in earlier proceedings and set up a different case in a subsequent suit. Where clear and categorical judicial admissions exist, a suit can be dismissed under Order XII Rule 6 CPC without requiring further trial. Additionally, a suit for cancellation of voidable property documents must be filed within three years of the fact coming to knowledge of the plaintiff, and failure to do so renders the suit barred by limitation.

   On this section: Punishment for filing false case - imprisonment up to two years and fine. Court issued notice under this section against plaintiff and her attorney

   Read the full order on eCourts India

3. Nilanjan Gupta vs State

   High Court 18 Mar 2019 Persuasive (Other High Court)

   Decided under Indian Penal Code 209, which this section replaces. The court did not have this Act before it.

   Court's Decision & Legal Precedent

   An appellate court may set aside specific directions in a lower court order (such as directions for criminal prosecution under Section 340 Cr.P.C. or costs awards) when the appellant withdraws his challenge to the order on merits and the respondent consents to such modification, provided the modification does not undermine the substantive relief granted in the original order.

   On this section: Section 209 IPC pertains to fabricating false evidence with intent to procure conviction for offences punishable with life imprisonment or 7+ years. The appellant was accused of raising a false stand before the court, which the lower court sought to prosecute under this section. The appellate court set aside this direction.

   Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.