Procedure to initiate IPC 177

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 2 months, 4 weeks ago.

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  • #4766

    I would like to initiate IPC 177 against OP for furnishing false information knowing it to be false to Magistrate during the proceedings. Should I file Private Complaint to same magistrate under CrPC 156(3) asking him to initiate 177 or under any other sections? Pls help me with the procedure to be followed

  • #4773

    If the facts of your case make out only a case under Section 177 of IPC, then please see the following provision contained in Section 195(1)(i) of the Criminal Procedure Code:

    195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.—(1) No Court shall take cognizance—

    (a) (i) of any offence punishable under Sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860), or

    (ii) of any abetment of, or attempt to commit, such offence, or

    (iii) of any criminal conspiracy to commit such offence,

    except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate;”

    Therefore, a complaint with regard to the offence under Section 177 IPC can be filed only by the concerned public servant before whom false information was given. So, you may have to request the concerned public servant to file such complaint.

    Further, if the false information was given to the Magistrate during judicial proceedings, then depending on detailed facts, it may also amount to the offence of perjury under Section 193, 194, 195, etc., of IPC also. If that is the case, then an application will have to be filed before the same Magistrate under Section 340 of the Criminal Procedure Code requesting him to file complaint before the competent court.

    Search “perjury” on Tilak Marg and you’ll get many web pages that will provide you more information on this issue.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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