Conviction under wrong section of ipc
dushyant sangra
(Querist) 25 November 2013
This query is : Resolved
If an act done by an offender which specifically completes all the essence of section 205 of IPC thn can he be charged and convicted under section 419 of IPC. In this case it happened. Is it rightly done by trial court. Was it fair trial. i have already filed an appeal but not find any good authority on that point even after a lot of search. What i find it is an authority of year 1909 of privy council. Please guide me or share some authorities/citations. I will be grateful.
Rajendra K Goyal
(Expert) 25 November 2013
Citation / authority is not provided in this section.
T. Kalaiselvan, Advocate
(Expert) 25 November 2013
Sec 205 states: False personation for purpose of act or proceeding in suit or prosecution.—Whoever falsely personates another, and in such assumed character makes any admission or statement, or confesses judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
And sec 419 states: Punishment for cheating by personation.—Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
So in this case both relate to false personation and the punishment also are same, go through the judgment and find out the correctness based on the provisions of both the sections referred above.
Devajyoti Barman
(Expert) 26 November 2013
for citation you have to make personal effort.
ajay sethi
(Expert) 26 November 2013
search in indian kanoon.com for citations
