Talk to a lawyer @499

IPC

IPC Section 199 - False Statement In Legally Admissible Declaration

Feature Image for the blog - IPC Section 199 - False Statement In Legally Admissible Declaration

Section 199 of the IPC criminalises inaccurate revelations made in affidavits, declarations, or documents that are legally admissible as evidence before the court. This provision protects the integrity of the judicial procedures by deterring perjury. It makes sure the evidence presented in the Court is truthful. The Section balances the freedom of speech with the requirement to protect people from reputational harm caused due to false declarations.

The Section 199 of the IPC ‘False statement made in declaration which is by law receivable as evidence’ states:

Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorised by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.

Simplified Explanation Of IPC Section 199

IPC Section 199 addresses the issue of making false statements in declarations, affidavits, or documents that are legally recognized as evidence. It specifically targets individuals who knowingly make false statements with the intent to harm another person's reputation. The section stipulates that if someone makes or publishes a false statement, knowing it to be false or intending to cause injury, they can face punishment, which may include imprisonment or fine, or both. This provision serves to protect individuals from defamation while balancing the right to free speech.

Key Elements Of IPC Section 199

Classified Elements of Section 199 of IPC are:

  • False Statement: The individual must have made a statement that is false.
  • Declaration: The false statement must be made in a declaration that is recognized by law as evidence, such as affidavits or documents presented in court.
  • Knowledge or Belief: The person making the statement must either know it is false, believe it to be false, or not believe it to be true.
  • Materiality: The false statement must be relevant to the purpose of the declaration, meaning it must pertain to a significant fact related to the case.
  • Intent to Deceive: There must be an intent to deceive or mislead regarding the information provided in the declaration.

Key Details Of IPC Section 199

Key details of the Section 199 of IPC are:

Key Element Description
False Statement The individual must make a statement that is false.
Declaration The false statement must be made in a declaration that is legally receivable as evidence.
Knowledge or Belief The person must know the statement is false, believe it to be false, or not believe it to be true.
Materiality The false statement must relate to a significant fact relevant to the purpose of the declaration.
Intent to Deceive There must be an intention to deceive or mislead regarding the information provided.
Punishment The offender may face imprisonment for up to two years, a fine, or both for making false statements.

Classification Of Offence In Section 199 Of IPC

Classified details of Offences in Section 199 of IPC are:

Classification Details
Nature of Offence Non-cognizable
Bail Status Bailable
Trial Court Triable by the court that handles offences of giving false evidence
Compoundability Non-compoundable
Punishment Same as for giving or fabricating false evidence, which may include imprisonment and/or fine

Significance Of IPC Section 199

The significance of IPC Section 199 lies in its role in protecting individuals from false statements that can harm their reputation. The provision holds significant importance in upholding the integrity of judicial proceedings. It penalizes false statements made in declarations that are by law admissible as evidence. This provision acts as a deterrent against perjury and fabrication of evidence, ensuring that courts rely on truthful information. By safeguarding the veracity of evidence presented, Section 199 contributes to fair trials and just outcomes. It reinforces the principle that legal processes must be based on honesty and genuine information, thereby preserving the credibility of the judicial system.

The legal implications of IPC Section 199 include the potential for criminal liability for individuals who make false statements in legally recognized declarations, which can lead to imprisonment or fine or both. This section serves to uphold the integrity of the judicial process by deterring falsehoods that could mislead courts and harm individuals' reputations.

Relevancy Of Constitution With Section 199 Of IPC

The relevance of the Constitution to Section 199 of the IPC is primarily rooted in the balance between the right to freedom of speech and the protection of individual reputation. The Supreme Court of India has upheld that while freedom of expression is a fundamental right under Article 19(1)(a) of the Constitution, it is subject to reasonable restrictions, including laws against defamation, which are embodied in Section 199. This section aims to prevent the dissemination of false statements that could harm an individual's reputation, thereby aligning with the constitutional mandate to respect the dignity of others and maintain social order. Thus, Section 199 serves as a legal mechanism to enforce constitutional values while ensuring that freedom of expression does not infringe upon the rights.

Case Laws

Narender Kumar vs State (Govt. Of Nct Of Delhi) on 31 August, 2018

The Delhi High Court addressed the petitioner's request to quash an FIR filed against him under various sections, including 354 (assault or criminal force to woman with intent to outrage her modesty) and 506 (criminal intimidation). The court noted that the parties had settled their disputes through mediation, with the respondent expressing a desire to withdraw the complaint. The court emphasized that continuing the criminal proceedings would be futile and allowed the petition, quashing the FIR and the subsequent proceedings, thereby highlighting the importance of mediation in resolving personal disputes and restoring peace between parties.

Rajpal Singh Lohchab vs J.S.Solkhe on 18 March, 2013

In this case, the court addressed the implications of IPC Section 199 concerning the filing of false statements in legal declarations. The petitioner, Rajpal Singh Lohchab, was accused of making false statements in a declaration related to a civil suit. The court emphasized that for a charge under Section 199 to be valid, there must be clear evidence of a false statement made knowingly or with intent to deceive. The ruling underscored the necessity of adhering to procedural requirements when alleging such offences, ultimately highlighting the importance of integrity in legal declarations and the need for substantial proof in cases involving accusations under this section.

Conclusion

Section 199 of the IPC acts as a protector of the integrity of legal proceedings. It tries to prevent dishonesty by securing equitable results in legal proceedings through penalizing fraudulent statements in documentary evidence. This section is necessary in order to protect the credibility of the judicial process and common man from the outcome of false claims.

FAQs

A few FAQs based on Section 199 of the IPC are:

Q1. What kind of declarations are covered by Section 199 IPC?

A false statement as per Section 199 of the IPC talks about inaccurate statements made in affidavits, declarations, and other documents legally admissible as evidence as per courts or legal proceedings. Such statements are formal statements made under affirmation or oath.

Q2. Is Section 199 of the IPC a cognizable offense?

No, this Section is a non-cognizable offense. Here, a policeman cannot arrest a person without a warrant issued by the magistrate.

Q3. Is Section 199 compoundable?

No, this provision is not compoundable. This means that parties that are involved cannot mutually drop these charges.