Falsely Charges - Definition - Law Dictionary Home Dictionary Definition falsely-charges

Definition :

Falsely charges, The expression 'falsely charges' in this section, cannot mean giving false evidence as a prosecution witness against an accused person during the course of a criminal trail. 'To falsely charge' must refer to the criminal or initial accusation putting or seeking to put in motion the machinery of criminal investigation and not when seeking to prove the false charge by making deposition in support of the charge framed in that trial. The words 'falsely charges' have to be read along with the expression 'institution of criminal proceeding'. Both these expressions, being susceptible of analogous meaning should be understood to have been used in their content sense. They get as it were their colour and content from each other. They seems to have been used in a technical sense as commonly understood in our criminal law. The false charge must, therefore be made initially to a person in authority or to someone who is in a position to get offender punished by appropriate proceedings. In other words, it must be embodied either in a complaint or in a report of a cognizable offence to the police officer or to an officer having authority over the person against whom the allegations are made, Santokh Singh v. Izhar Hussain, AIR 1973 SC 2190 (2194). (Indian Penal Code, 1860, s. 211)