In this article, Raghav Vaid pursuing M.A, in Business Law from NUJS, Kolkata discusses steps to take in case of false charges filed under IPC.
Many people in India are facing the issue of false and frivolous cases. The most common of all the malicious cases relates to Section 498A of the IPC, false domestic violence allegation under the Domestic Violence Act, lean towards a demand for provisions which talk about misuse of law. Eg: to add misuse clause to charges of rape for punishing women making false rape allegation.
The Supreme Court in Raj Talreja vs Kavita Talreja[1] has held that filing false criminal complaint and making baseless allegations against spouse amounted to cruelty to life partner under Hindu Marriage Act and divorce could be granted on that ground.
A bench of Justices namely: Adarsh Kumar Goel and Deepak Gupta allowed divorce plea of a husband on the ground that his wife not only filed false criminal complaint against him before Police but she had also made baseless allegations of dowry demand and torture against him in letters written to various authorities including chief minister of Rajasthan and Chief Justice of High Court.
Parties to the appeal got married in 1989 according to Hindu rites and rituals. Out of this wedlock a son was born in the year 1990. It is not disputed that till the year 1999 both husband and wife lived together with the parents of the husband. In the year 1999, the couple shifted to their own residence. On 19.03.2000, the husband left the matrimonial home and, soon thereafter, on 25.03.2000, filed a petition for grant of a decree of divorce dissolving the marriage.
It is not disputed that the wife filed a suit praying for injunction that the husband should not be permitted to enter the matrimonial home. On 07.11.2000, certain news items appeared in the newspapers in which serious allegations were made against the husband. These newspaper reports were based on the intimation given by the wife. On 04.12.2000, the wife filed a complaint to the State Women Commission making serious allegations against the husband. Thereafter, on 05.12.2000, she sent a similar letter to the Chief Justice of the High Court as well as the Superintendent of Police. Finally, on 07.12.2000, she made another complaint to the Chief Minister.
On 16.03.2001, these complaints were found to be false. On 12.04.2001, a First Information Report (for short the ‘FIR’) was registered at the instance of the wife against the appellant husband under Section 452, 323 and 341 of the Indian Penal Code. The police investigated the matter and filed a report on 30.04.2001 stating that there is no merit in the FIR. According to the police, the injuries on the person of the wife were self-inflicted and she has filed a false FIR. It was recommended that the criminal proceedings be initiated against her under Section 182 of the Indian Penal Code (for short ‘IPC’). It is not disputed that till 16.03.2001, such criminal proceedings were initiated against the wife.
The husband moved an amendment application in the divorce petition incorporating all these facts and alleging that due to filing of the false complaints before various authorities he had been subjected to cruelty by the wife. This is the only issue raised before us. The learned trial Judge dismissed the petition. The appeal filed by the husband was also dismissed. Hence, this appeal.
It would be pertinent to mention that in the year 2012, 11 years after the police had submitted its report and after proceedings had been initiated against the wife, the wife filed a protest petition against the cancellation of FIR against the husband, in which notice was issued by the court below.
However, on a revision being filed by the husband, the revisional court allowed the revision petition and quashed the order of the trial court. As a result, there are no criminal proceedings pending against the husband.
Mr. Agrawal, learned counsel has contended that the acts of the wife in leveling defamatory allegations and filing false complaints against the husband amounts to cruelty. On the other hand, Ms. Makhija, learned senior counsel has submitted that her client is not at fault and cruelty has not been proved. She further submits that her client wants the status of being a legally married woman and she prays that the appeal be dismissed.
The first is a newspaper report dated 07.11.2000, in which it is reported that the wife had alleged that she was beaten by her husband and his family members many times for not fulfilling the demand of dowry. There were allegations that she was kept like an orphan and twice attempts had been made to set her on fire. These allegations were made in a letter sent by the wife to the police. Thereafter, the wife sent a similar complaint to various authorities including the State Women Commission, Rajasthan. She sent a telegram to the Chief Justice of the Rajasthan High Court again alleging that her husband and in-laws had attempted to burn her and engaged goondas to eliminate her. Complaint was also made to Chief Minister of Rajasthan. The matter was referred to the police.
On investigation by the police, the allegations were found to be totally false. Thereafter, the wife filed a complaint against her husband and 3 other persons alleging house trespass against them and that she had been assaulted and threatened to leave the house. In this case also, the final report of the police is that the complaint is baseless and false and the injuries were self-inflicted.
As noted above, these findings of the police have attained finality and as on date there is no criminal case pending against the husband. It is more than obvious that the allegations levelled by the wife are false. It may be true that these allegations were levelled after the divorce petition had been filed and the wife may have been in an agitated state of mind. However, that did not give her a right to make defamatory statements against the husband. The falseness of the allegations is borne out from the fact that the police did not even find it a fit case to be tried. After the police filed its cancellation report, the wife kept silent and after 11 years she filed a protest petition.
This Court in Para 16 of K. Srinivas Rao v. D.A. Deepa has held as follows:
“16. Thus, to the instances illustrative of mental cruelty noted in Samar Ghosh v. Jaya Ghosh, 2007 (4) SCC 511, we could add a few more. Making unfounded indecent defamatory allegations against the spouse or his or her relatives in the pleadings, filing of complaints or issuing notices or news items which may have adverse impact on the business prospect or the job of the spouse and filing repeated false complaints and cases in the court against the spouse would, in the facts of a case, amount to causing mental cruelty to the other spouse.”
In Ravi Kumar v. Julmidevi, the Supreme Court while dealing with the definition of cruelty held as follows:
“19. It may be true that there is no definition of cruelty under the said Act. Actually such a definition is not possible. In matrimonial relationship, cruelty would obviously mean absence
of mutual respect and understanding between the spouses which embitters the relationship and often leads to various outbursts of behaviour which can be termed as cruelty. Sometime cruelty in a matrimonial relationship may take the form of violence, sometime it may take a different form. At times, it may be just an attitude or an approach. Silence in some situations may amount to cruelty.
Therefore, cruelty in matrimonial behaviour defies any definition and its categories can never be closed. Whether the husband is cruel to his wife or the wife is cruel to her husband has to be ascertained and judged by taking into account the entire facts and circumstances of the given case and not by any predetermined rigid formula. Cruelty in matrimonial cases can be of infinite variety—it may be subtle or even brutal and may be by gestures and words. That possibly explains why Lord Denning in Sheldon v. Sheldon, (1966) 2 WLR 993 held that categories of cruelty in matrimonial cases are never closed.”
Cruelty can never be defined with exactitude. What is cruelty will depend upon the facts and circumstances of each case. In the present case, from the facts narrated above, it is apparent that the wife made reckless, defamatory and false accusations against her husband, his family members and colleagues, which would definitely have the effect of lowering his reputation in the eyes of his peers. Mere filing of complaints is not cruelty, if there are justifiable reasons to file the complaints. Merely because no action is taken on the complaint or after trial the accused is acquitted may not be a ground to treat such accusations of the wife as cruelty within the meaning of the Hindu Marriage Act 1955 (for short ‘the Act’). However, if it is found that the allegations are patently false, then there can be no manner of doubt that the said conduct of a spouse leveling false accusations against the other spouse would be an act of cruelty. In the present case, all the allegations were found to be false. Later, she filed another complaint alleging that her husband along with some other persons had trespassed into her house and assaulted her. The police found, on investigation, that not only was the complaint false but also the injuries were self-inflicted by the wife. Thereafter, proceedings were launched against the wife under Section 182 of IPC.
The High Court while dealing with the plea of false complaints held that there was no reason to hold that the criminal complaint filed by the respondent-wife was false and mala fide. We are unable to agree with this finding of the High Court and the court below. Both the courts below relied upon the statement of the wife that her husband had often visited her house and she fulfilled her marital obligations. These observations are not based on any reliable or cogent evidence on record. It is not disputed before us that the wife continues to live in the house which belongs to the mother of the husband whereas the husband lives along with his parents in a separate house and the son and daughter-in-law of the parties live with the wife.
The son is working with the husband. Ms. Makhija has very fairly stated before the Court that the husband had always fulfilled his paternal obligations to his son and is continuing to pay maintenance to his wife as fixed by the court.
Though we have held that the acts of the wife in filing false complaints against the husband amounts to cruelty, we are, however, not oblivious to the requirements of the wife to have a decent house where she can live. Her son and daughter-in-law may not continue to live with her forever.
Therefore, some permanent arrangement has to be made for her alimony and residence. Keeping in view the status of the parties, we direct that the husband shall pay to the wife a sum of Rs.50,00,000/- (Rupees Fifty Lakhs only) as one time permanent alimony and she will not claim any further amount at any later stage. This amount be paid within three months from today. We further direct that the wife shall continue to live in the house which belongs to the mother of the husband till the husband provides her a flat of similar size in a similar locality. For this purpose, the husband is directed to ensure that a flat of the value up to Rs.1,00,00,000/- (Rupees One Crore Only) be transferred in the name of his wife and till it is provided, she shall continue to live in the house in which she is residing at present.
The appeal is accordingly allowed. The judgment and order dated 01.03.2013, passed by the High Court in D.B. Civil Miscellaneous Appeal No.1432 of 2004 and the judgment and decree dated 05.08.2004, passed by the Family Court, Udaipur in Civil Case No. 56 of 2000 are set aside. The petition for divorce filed by the husband under Section 13 of the Act is decreed and the marriage of the parties solemnized on 13.04.1989 is dissolved by a decree of divorce. The wife shall be entitled to permanent alimony of Rs. 50,00,000/- (Rupees Fifty Lakhs Only) and a residential flat of the value of up to Rs.1,00,00,000/- (Rupees One Crore Only), as directed hereinabove. Pending application(s), if any, stand(s) disposed of.
Relevant Sections of the Indian Penal Code- Punishing filing of false and frivolous cases
Section 191: Giving false evidence
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.
Explanations
- A statement is within the meaning of this section whether it is made verbally or otherwise.
- 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. This section is applicable to both criminal and civil cases.
- Hitches: Only those lies which are made on oath are considered as a crime under this section, so effectively it gives a wide loophole for anyone to make a false complaint, false petition/pleadings; and the accused/defendant will have to run around in police, courts, to raise a proper defence. Only after evidence stage, this section becomes useful.
Section 192: Fabricating false evidence
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”.
Comments: Again, applicable to both civil and criminal trials. E.g. if a doctor makes a false medical certificate of injuries for a false DV complainant woman, this section could be used to punish the doctor.
Hitches: Prima-facie there doesn’t seem to be problem, except of course that this is something again which can be proven only after evidence/cross-exam stage; which stage may get delayed for years in Indian courts.
Section 193: Punishment for false evidence
Whoever intentionally gives false evidence in any of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Comments: The explanations make it clear that a judicial proceeding includes not just trial in court, but also a process of investigation made under direction of court.
Hitches: Given that the explanations describe what constitutes judicial proceeding in detail, it doesn’t include investigation by police though, so any false or fabricated evidence given to police is not covered under this section.
Section 194: Giving or fabricating false evidence with intent to procure conviction of capital offence
This section covers cases of false or fabricated evidence which may lead to conviction of another person under a capital offence (death penalty), so being a provision for rare scenarios it can be skipped from our analysis.
Section 195: Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
Comments: This section covers cases of false or fabricated evidence which may lead to conviction of another person for life imprisonment, so being a provision for rare scenarios it can be skipped from our analysis.
Section 196: Using evidence known to be false
Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.
Comments: This is a short and sweet section, which says that using a false evidence knowingly is as good as giving or fabricating false evidence, as far as the law and punishment is concerned.
Section 197: Issuing or signing false certificate
Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence.
Comments: This could include situations where a responsible person signs and approves a certificate prepared by another official, even after knowing that it is false. Treated to be same as false evidence.
Section 198: Using a true a certificate known to be false
Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.
Comments: Extending on previous sections, this adds an offence of use or even attempt to use a false certificate, to be treated as false evidence.
Section 199: False statement made in declaration which is by law receivable as evidence
Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorized by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.
Comments: This extends the provisions and clarifies that any kind of false declaration — presumably even if the person making declaration didn’t know how it will be used later – will be treated similar to false evidence.
Section 200 – Using as true such declaration knowing it to be false
Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.
Explanations: A declaration which is inadmissible merely upon the ground of some informality is a declaration within the meaning of sections 199 and 200.
Section 201: Causing disappearance of evidence of offence, or giving false information to screen offender
Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false.
[1] Raj Talreja vs Kavita Talreja (CIVIL APPEAL NO. 10719 OF 2013)
The post What to do in case of false charges filed under IPC? appeared first on iPleaders.