An Explanation Of Section 182 Of IPC

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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16 Responses to “An Explanation Of Section 182 Of IPC”


  1. 1 kulwinder singh July 7, 2007 at 11:14 am

    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.

    Like

  2. 2 parvesh August 1, 2007 at 4:14 am

    Ban marriage institution. Make your daughters capable of independent existence. There must be a nationwide compaign against an ugly institution of marriage.

    Like

  3. 3 dr. dinesh August 20, 2008 at 5:49 pm

    good site n initiative for people like us who r harrased with false charges.

    Like

  4. 4 sashi November 28, 2008 at 6:17 am

    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

    Like

  5. 5 durai February 2, 2009 at 6:45 pm

    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 !!!.

    Like

  6. 6 Prabhakara Rao RB August 5, 2009 at 8:59 am

    Prabhakara Rao RB
    August 5, 2009 at 8:24 am
    40 years back friend approached suddenly.. Made correspondence with my relatives for marriage of his daughter with my son.

    My wife is a diabetic; thyroid; no-vision and she is on dialysis during 2003 in Apollo, Hyderabad.

    Marriage done during 2004 while my son’s MBA studies at London.
    My wife’s Kidney surgery done during 2006 and now she is OK.

    My only son and daughter-in-law are having one baby of 3years. My daughter-in-law left the house with baby. Baby kept in day-care and she is working in Gen-pact. At present both my son and daughter-in-law are living separately at Hyderabad without any correspondence.

    My daughter-in-law is foot-print of her mother. Her mother is doing real estate business and kingpin for family disturbances and she declares she is having support of Police/DGP, Mr Baburao Mallela.

    I have not taken any dowry to my son. Not expected also. Pl..suggest for My son’s future….
    They are trying to implicate me and my family. They need my house and in service in BHEL…. My cell: 9866037470

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  8. 8 B.R.ChAUDHARY January 9, 2011 at 10:12 am

    there is a dispute on a plot with our neighbours for last 20 years. We are ready to sattle this but they are not. Before last 10 days, he got accident on highway and a unknown person leave him at his home. But, due to dipute he lodged a false FIR under section 147, 149; 325, 327 and 506 that we have beaten him with dandas and other weapons.
    In this situation what can we do?

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  12. 12 Tabasum April 13, 2014 at 1:52 am

    I have sold my bike 2 yrs before i have recieved the whole money but second party has decieved me since from years for affedavit on which it will proved that i have sold it and owner is now second in anger i have register a false report that i have lost my bike police investgtd the put me under section 182 what can i do know.

    Like

  13. 13 Richard September 27, 2014 at 12:39 am

    Whaat a stuff of un-ambiguity and preserveness of valuable experience regarding unexpected emotions.

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  14. 14 moin February 23, 2016 at 11:08 pm

    My wife had given me 2nd time complaints just because she wants to separate me from my mom n I have 3 kid’s 1 daughter n 2 son’s n she’s is tourcharing me from married time 1st complaint she gave us on
    my young brother wedding date n she left my kids and went for 3 months that time my small son was just 8 months baby she left her for 3 months when area police sub inspector told her to take ur kids she told no need of kids let him handle after 3 sitting in mediation court then just she came back to tourchar me again in my life and her father when again trouble start he use to say me ur complaint is not over still I have all power I can put u and ur mother in jail and he was asking me to give separate home which was not in my capacity then they gave again 2nd complaints on me n my mother younger brother and they brought lady police too our home even police listen my wife he is not ready to take our counter complaint my father in law is brother of rowdy n political links after giving a 2nd complaint she’s in my home only and we r out of our home please suggest as what to do we r in big trouble

    Like

  15. 15 Randhir sahu June 6, 2016 at 12:09 pm

    Iam suffering from social discrimination of my own cast people. My uncle has filed a false complaint against my mother that she has acquired her mother in laws land by false way but the real fact is that her mother in law had gifted her own land before 15 years ago by a registard deed of gift in which three of her Son’s are witnessed now the value of land has increased and by taking confident in their mother by misguiding her they a false suit against her daughter in law so as to blackmail her for money in panchayat to withdrawn the suit they also favored the panches in their own favor and presides meti do as they say if I don’t do so our family has to face socail discrimination and they are doing so how should I overcomes from this false distress please help????????

    Like

  16. 16 Rekha November 6, 2016 at 5:07 pm

    My brother was falsely alleged for domestic violence act by his wife. Since from 3years my brother and his wife living separately. Because my brother was assaulted by his wife family members so they are living separately. But after 3 years,my brother wife made a false complaint to protection officer for domestic violence act. My brother got a petition from protection officer for domestic violence act. Kindly help for this above said false complaint

    Like


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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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