This is a judgment of the Punjab and Haryana High Court.
The judgment gives an explanation of Section 182, which is a criminal offence, if a false complaint is made. I hope we’ll see more use of this section, especially in 498A cases.
A word of caution. Section 182 must be filed within 1 year from the date of exoneration.
Here is the excerpt from the judgment:
“Whenever any information is given to the authorities and when the said authority found that the averments made in the complaint were false, it is for the said authority to initiate action under Section 182 I.P.C. The offence under Section 182 I.P.C. is punishable with imprisonment for a period of six months or with fine or with both. When the authorities themselves found in the years 1996 and 1997 after due investigation that the averments made by Ashwani Kumar in his complaint were false, it is for them to initiate proceedings immediately or within the prescribed period as provided under Section 468 Code of Criminal Procedure. The acceptance of the cancellation report by the Court is immaterial. It does not save the limitation under Section 468 Cr.P.C. which prescribes the period of one year for taking cognizance if offence is punishable, with imprisonment for a term not exceeding one year. Since the offence under Section 182 I.P.C. is punishable with imprisonment for a period of six months only, the authority should file the complaint under Section 182 I.P.C. within one year from the date when that authority found that the allegations made in the complaint were false. Since more than four years lapsed from the date when the authority found the allegations were false, no question of filing any complaint under Section 182 I.P.C. at this belated stage arises.“
Here is the pdf of the judgment: An Explanation Of Section 182 Of IPC
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my sister was fighting for her devorce from last 3 years and she was put down by police twice because my sister father in law was in police and now he put ipc 182 agianst my sister can help us what to do.
Ban marriage institution. Make your daughters capable of independent existence. There must be a nationwide compaign against an ugly institution of marriage.
good site n initiative for people like us who r harrased with false charges.
An Individual belonging to Shedules Castes and Tribes, has initiated a wrong case of indiscrimination against an young couple who are his tenants, with an intention to siphon off their Lease amount. Legally, looks like there no way to sort this mess without being arrested. please advise and help, if there is any law through we can counter this act.
sashi
sashi130275@gmail.com
Why should your sister fight for Divorce in Police Station. She should go to family court to file divorce case. It sure that your sister tries to file an anti-dowry case on her hubby and family so her in-law brought it down based on her false evidence. You mentioned that she did it twice. So the angry in-law files for section 182 on her. You can’t file a false criminal complaint as per IPC and is punishable. Don’t do this for fun or revenge. Now you are caught for your deed. Now it is time for your side to negotiate to them and get divorce smoothly. May be relax your maintenace terms. What goes aroung comes around !!!.