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209. Whoever fraudulently or dishonestly, or with intent to Dishonestinjure or annoy' any person, makes in a Court of Justice any false claim claim 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.

210. Whoever fraudulently obtains a decree or order Frauduagainst any person for a sum not due, or for a larger sum 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 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

lently obtaining

due.

fine, or with both 3.

211. Whoever, with intent to cause injury to any person, Proseinstitutes or causes to be instituted any criminal proceeding false

cution or 5

against that person,

charge with

or falsely charges any person with having committed an intent to offence ®, knowing 7 that there is no just or lawful ground for injure.

or charge against that person 8,

such proceeding

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the charge instituted is most material,
3 N. W. P. 327. It is not enough to
show that a person to whom a wrong
has been done, or who conceives
that a wrong has been done to him,
makes a charge upon evidence which
is not sufficient to satisfy a reasonable
mind, 6 Suth. Cr. 15.

8 Under this section instituting
a criminal proceeding' may be treated
as an offence in itself, apart from
falsely charging' a person with
having committed an offence, 8 Suth.
Cr. 87, per Macpherson J. The sec-
tion includes two distinct offences,
viz., preferring a false charge, which
may have no result, and actually in-
stituting 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.

Bom. H. C. 92).
Stamp Act, I of 1879, sec. 64.

when the charge

But now see the

was made, 3

Bom. H. C., Cr. Ca. 16. The averment that the accused knew that there were no just or lawful grounds for

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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 upwards ?, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Harbouring of fender.

212. Whenever an offence 4 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

2

II.

i The offence consists not in the
prosecution of a false complaint, but
in the making it, i All. 497, 527,
following i Mad. H. C. 30, and see
4 N. W. P. 6.

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 com-
mitted has been compounded, is no
conclusive answer to a charge made
against the prosecutor under this
section, in Cal. 79. The actual in-
stitution of criminal proceedings on a
false charge is essential to the appli-
cation of the latter part of this sec-
tion, 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, trans-
portation 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. App

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.

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.

for a term which may extend to three years, and shall also be

liable to fine;

years, shall be

and if the offence is punishable with imprisonment which may extend to one year and not to ten 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

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the offender?

Illustration. A, 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.

213. Whoever accepts, or attempts to obtain, or agrees to Taking accept any gratification 2 for himself or any other person, or to screen

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 ?, 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

and if the offence is punishable with transportation for life, or with imprisonment which may extend to ten years 6, shall be punished with imprisonment of either description for a term may extend to three years,

also be liable to fine;

a

which fine;

and shall also be liable to

and if the offence is punishable with imprisonment not ment of the description provided for the offence for a term extending to ten years o, shall be punished with imprisonwhich may extend to one-fourth part of the longest term of

I Cases where a parent, child, master, servant, or brother harbours his offending child, parent, servant, Ihaster, or brother, therefore corne

? See sec. 161.
3 Sec 40, cl. 2.
• Supra, p. 25.
5 Supra, p. 25.
• Supra, p. 25.

under this section.

imprisonment provided for the offence, or with fine, or with both.

a

Offering

214. Whoever gives or causes, or offers or agrees to give or gift or re- cause, any gratification 1 to any person, or to restore or cause storation of 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 tion of screening person from legal punishment for any offence, or of his not offender,

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 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 4, 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 com

pounded 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

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®.

recover

perty, &c.

1 See sec, 161. 2 Supra, p. 25. 3 Supra, p. 25.

Supra, p. 25 5 See the Cr. Pr. C. sec. 345.

6 This section is primarily aimed at professional trackers and other per

1

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 oflender!

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

person with the intention of preventing him from being apprehended, shall be punished in the manner following, that

such that

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

may extend to seven years, and shall also be liable to

which

fine;

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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, or with fine, or with both.

Offence’ in this section includes also any act or omission Act X of India which, if he had been guilty of it in British India,

a person is alleged to have been guilty out of British 1886, sec, 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 ?, 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

of which

23.

British India.

taking rewards offered in advertisements for the return of stolen property. And such advertisements might amount to abetments of the offence punishable under sec. 215.

Sec. 40, c. 3. Sec. 216 as amended

by Act X of 1886, sec. 23, may apply
where the person harboured was
charged with an offence committed
out of British India by a foreigner
and against the foreign law,

44 & 45 Vic. c. 69.
N

2

VOL. I.

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