209. Whoever fraudulently or dishonestly, or with intent to Dishonestly making injure or annoy1 any person, makes in a Court of Justice any claim claim2 which he knows to be false, shall be punished with im- in Court. prisonment of either description for a term which may extend to two years, and shall also be liable to fine. sum not 210. Whoever fraudulently obtains a decree or order Frauduagainst any person for a sum not due, or for a larger sum lently obtaining than is due, or for any property or interest in property to decree for which he is not entitled, or fraudulently causes a decree or due. order to be executed against any person after it has been satisfied, or for anything in respect of which it has been satisfied, or fraudulently suffers or permits any such act to be done in his name, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both 3. 4 cution or charge with 211. Whoever, with intent to cause injury to any person, Proseinstitutes or causes to be instituted any criminal proceeding 5 false against that person, or falsely charges any person with having committed an intent to offence, knowing that there is no just or lawful ground for injure. such proceeding or charge against that person, Sec. 44 The false charge must have been made to a Court or officer having jurisdiction to investigate and send up for trial, 6 Cal. 620. It may be made to a police officer, 1 Mad. H. C.30: 5 Suth. Cr. 32: 5 Cal. 282. See sec. 40, cl. 2. A false charge of refusing to give a stamped receipt for when the charge was made, 3 Bom. H. C., Cr. Ca. 16. The averment that the accused knew that there were no just or lawful grounds for the charge instituted is most material, Under this section 'instituting falsely charging' a person with having committed an offence, 8 Suth. Cr. 87, per Macpherson J. The section includes two distinct offences, viz., preferring a false charge, which may have no result, and actually instituting criminal proceedings. If no such proceedings are instituted, only imprisonment for two years, with or without fine, can be inflicted, however serious the offence may be which has been falsely charged, 5 All. 215, 216, per Mahmud J. Harbouring offender. shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both 1; and if such criminal proceeding be instituted on a false charge of an offence punishable with death, transportation for life, or imprisonment for seven years or upwards2, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine 3. 4 212. Whenever an offence has been committed, whoever harbours or conceals a person whom he knows or has reason to believe to be the offender, with the intention of screening him from legal punishment 5, shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and if the offence is punishable with transportation for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description 1 The offence consists not in the prosecution of a false complaint, but in the making it, I All. 497, 527, following 1 Mad. H. C. 30, and see 4 N. W. P. 6. 2 See above, p. 25. 3 1 Bom. H. C. 34 (imprisonment with or without. fine, but not fine alone): 7 Bom. 184. The fact that an offence alleged to have been committed has been compounded, is no conclusive answer to a charge made against the prosecutor under this section, II Cal. 79. The actual institution of criminal proceedings on a false charge is essential to the application of the latter part of this section, 5 All. 216, and if the offence of the accused stops at making a false charge, his case falls under the first part of the section irrespective of the fact that the charge relates to 'an offence punishable with death, transportation for life, or imprisonment for seven years or upwards,' ibid. Before a person can be tried under this section, he should be given an opportunity, not before the police, but before the magistrate, of proving the truth of his complaint, 6 Cal. 496, 584; but see ibid. 582. And no Court can take cognizance of an offence under secs. 205-211, when committed in or in relation to any proceeding in any Court, except with the previous sanction, or on the complaint of such Court or some Court to which it is subordinate, Cr. P. C. sec. 195. As to the procedure before framing a charge under sec. 211, see 8 Ben. Appx. 11. As to false charges of having committed an unnatural offence, see the Whipping Act, sec. 4. A person cannot be convicted of abetting a false charge, solely on the ground of having given evidence in support of it, 9 Ben. Appx. 16. Sec. 40, cl. 3. 5 This intention may be inferred when the prosecution has proved (1) the commission of an offence, (2) the harbouring or concealment of the offender, (3) knowledge or cause for believing that the person harboured or concealed is the offender. t for a term which may extend to three years, and shall also be liable to fine; and if the offence is punishable with imprisonment which may extend to one year and not to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both. Exception. This provision shall not extend to any case in which the harbour or concealment is by the husband or wife of the offender1. Illustration. 4, knowing that B has committed dacoity, knowingly conceals B in order to screen him from legal punishment. Here, as B is liable to transportation for life, A is liable to imprisonment of either description for a term not exceeding three years, and is also liable to fine. to screen 213. Whoever accepts, or attempts to obtain, or agrees to Taking accept any gratification for himself or any other person, or gift &c. any restitution of property to himself or any other person, in offender. consideration of his concealing an offence 3 or of his screening any person from legal punishment for any offence 3, or of his not proceeding against any person for the purpose of bringing him to legal punishment, shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if the offence is punishable with transportation for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence is punishable with imprisonment not extending to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of 1 Cases where a parent, child, master, servant, or brother harbours his offending child, parent, servant, master, or brother, therefore come under this section. 2 See sec. 161. Supra, p. 25. Supra, p. 25. Offering storation of tion of imprisonment provided for the offence, or with fine, or with both. 214. Whoever gives or causes, or offers or agrees to give or gift or re- cause, any gratification1 to any person, or to restore or cause property in the restoration of any property to any person, in consideration considera- of that person's concealing an offence, or of his screening any screening person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment, shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; offender. recover and if the offence is punishable with transportation for life, or with imprisonment which may extend to ten years 3, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence is punishable with imprisonment not extending to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both. Exception. The provisions of sections 213 and 214 do not extend to any case in which the offence may lawfully be compounded 5. Taking gift 215. Whoever takes or agrees or consents to take any to help to gratification under pretence or on account of helping any person stolen pro- to recover any moveable property of which he shall have been perty, &c. deprived by an offence punishable under this Code, shall, unless he uses all means in his power to cause the offender to be apprehended and convicted of the offence, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both ". 1 See sec. 161. 2 Supra, p. 25. 3 Supra, p. 25. 5 See the Cr. Pr. C. sec. 345. This section is primarily aimed at professional trackers and other per sons who, being usually in league with thieves or well aware of their proceed ings, obtain money etc. for the recovery of stolen property, without making any effort to bring the offenders to justice, M. & M. 178. It would however apply to cases of persons 216. Whenever any person convicted of or charged with an Harbouroffence, being in lawful custody for that offence, escapes offender. ing escaped from such custody, or whenever a public servant, in the exercise of the lawful powers of such public servant, orders a certain person to be apprehended for an offence, whoever, knowing of escape or order for apprehension, harbours or conceals that person with the intention of preventing him from being apprehended, shall be punished in the manner following, that such is to say, if the offence for which the person was in custody or is ordered to be apprehended is punishable with death, he shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; if the offence is punishable with transportation for life, or imprisonment for ten years, he shall be punished with imprisonment of either description for a term which may extend to three years, with or without fine; and if the offence is punishable with imprisonment which may extend to one year and not to ten years, he shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of the imprisonment provided for such offence, 23. 'Offence' in this section includes also any act or omission Act X of of which a person is alleged to have been guilty out of British 1886, sec, India which, if he had been guilty of it in British India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or under the Fugitive Offenders Act, 1881 2, or otherwise, liable to be apprehended or detained in custody in British India; and every such act or omission shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in British India. |