Task 15 - Short notes PDF

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<<Chelsi Agarwal>> Intern at ubAdvocate agarwalchelsi@gmail 7240780353• There are many cases that are false pleas or they have misplaced the facts. And thisresults to a long pendency of cases in the courts.• And so to come out of this there is a legal remedy of Section 209 of IPC that is...

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Intern at ubAdvocate [email protected] 7240780353

• There are many cases that are false pleas or they have misplaced the facts. And this results to a long pendency of cases in the courts.

• And so to come out of this there is a legal remedy of Section 209 of IPC that is Dishonestly making false claim in Court.—Whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.

• It is the legal duty of every party to state in the pleadings the true facts and if they do not, they must suffer the consequences and the Court should not hold back from taking action.

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The essential ingredients of an offence under Section 209 are as under: The accused made a claim The claim was made in court. The claim was false, wholly or partially. The accused was aware of the false claim. The claim was made fraudulently, dishonestly, or with intention to injure the person.

• The reason for criminalising false claims and defences is that the plaintiff as well as the defendant can abuse the process of law by deliberate falsehoods.

• And in Badri v. Emperor the court said that it is immaterial whether the court in which the false claim was institutes had jurisdiction to try suit or not. This opinion is based on the YouTube video https://youtu.be?zk0k0KzP1u4 of Jeevan Prakash, AOR, Supreme Court....