Order U S 107 of CRPC Act by Ex Magistrate
8 months ago
One of my neighbour filed a false complain against me at local PS against which an order U/S 107 of CRPC Act issued to me by the Ex. Magistrate.
Court. How I HV to defend myself and proof them wrong ?
A.Dear client,
You can get the false complaint filed against you quashed by the High Court and for doing so, you can file a petition under Section 482 of the Code of Criminal Procedure, 1973, which empowers the High Court to quash criminal proceedings against an accused.
Additionally, you can institute prosecution against the Complainant under any or all of the following provisions under the Indian Penal Code, 1860 -
Section 182 - False information, with intent to cause public servant to use his lawful power to the injury of another person: This section deals with cases where a person gives false information to a public servant, with the intention of causing them to use their lawful power to harm another person. The punishment for this offence can be imprisonment for up to six months, or a fine, or both.
Section 193 - Punishment for false evidence: This section deals with cases where a person intentionally gives false evidence in any judicial proceeding or fabricates false evidence with the intent to mislead the court. The punishment for this offence can be imprisonment for up to seven years, or a fine, or both.
Section 211 - False charge of an offence made with intent to injure: This section deals with cases where a person makes a false charge of an offence with the intent to cause harm to another person. The punishment for this offence can be imprisonment for up to two years, or a fine, or both.
Section 499 - Defamation: This section deals with cases where a person makes a false and defamatory statement about another person with the intent to harm their reputation. The punishment for this offence can be imprisonment for up to two years, or a fine, or both.
You can get the false complaint filed against you quashed by the High Court and for doing so, you can file a petition under Section 482 of the Code of Criminal Procedure, 1973, which empowers the High Court to quash criminal proceedings against an accused.
Additionally, you can institute prosecution against the Complainant under any or all of the following provisions under the Indian Penal Code, 1860 -
Section 182 - False information, with intent to cause public servant to use his lawful power to the injury of another person: This section deals with cases where a person gives false information to a public servant, with the intention of causing them to use their lawful power to harm another person. The punishment for this offence can be imprisonment for up to six months, or a fine, or both.
Section 193 - Punishment for false evidence: This section deals with cases where a person intentionally gives false evidence in any judicial proceeding or fabricates false evidence with the intent to mislead the court. The punishment for this offence can be imprisonment for up to seven years, or a fine, or both.
Section 211 - False charge of an offence made with intent to injure: This section deals with cases where a person makes a false charge of an offence with the intent to cause harm to another person. The punishment for this offence can be imprisonment for up to two years, or a fine, or both.
Section 499 - Defamation: This section deals with cases where a person makes a false and defamatory statement about another person with the intent to harm their reputation. The punishment for this offence can be imprisonment for up to two years, or a fine, or both.
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