- (1.) A charge-sheet under Sections 191/192/196/198/199/209/210/468/471 of the Indian Penal Code and the order of taking cognizance of such offences on a police report is under challenge in this criminal revision on the ground of prohibition contained in Section 195 (1)(b)(ii) of the Code of Criminal Procedure.
(2.) Heard the Learned Counsels appearing on behalf of the parties. Considered their respective submissions as well as the materials on record.
(3.) This is a case where charge-sheet has been submitted under Sections 191/192/196/198/199/209/210/468/471 of the Indian Penal Code. Out of which Sections 191 and 192 of the Indian Penal Code are not penal sections and the same only define the offences of giving false evidence and fabricating false evidence. The same are read as follows; Giving false evidence. S. 191. Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence. Explanation 1 : A statement is within the meaning of this section, whether it is made verbally or otherwise. Explanation 2 : A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know. Fabricating false evidence. S. 192. Whoever causes any circumstance to exist or makes any false entry in any book or record, or makes any document containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding, is said to fabricate false evidence. Whereas, Section 196 of the Indian Penal Code prescribe the punishment for using or attempting to use as true or genuine evidence, any evidence which is knowing to be false and fabricated and Section 198 of the Indian Penal Code prescribes punishment for using or attempting to use any certificate as a true certificate knowing to be false. For both the said offences punishment prescribed are same as in case of giving false evidence in any stage of judicial proceeding or for fabricating false evidence for the purpose of being used in any stage of judicial proceeding under Section 193 of the Indian Penal Code. Similarly, Section 209 of the Indian Penal Code prescribe the punishment for making any false claim in a Court fraudulently or dishonestly with intend to injure or annoy any person and Section 210 of the Indian Penal Code prescribe punishment for fraudulently obtaining decree for sum not due. The Section 468 of the Indian Penal Code prescribe punishment for forgery and for using forged document for the purpose of cheating and Section 471 of the Indian Penal Code prescribe punishment for using as genuine a forged document. So far as Section 471 of the Indian Penal Code is concerned any person guilty of such offence shall be punished in the same manner as if he had forged such document, i.e., punishment prescribed under Section 465 of the Indian Penal Code for forgery. While the offences punishable under Section 468/471 of the Indian Penal Code are cognizable offences, the rests are non-cognizable offences.;