bharat khatwani 04 July 2024

Difficulty enforcing section 209 ipc (false claim in court) - seeking advice (case example included)

This post seeks insight into the challenges of enforcing Section 209 of the Indian Penal Code (IPC) regarding dishonest claims in court. Section 209 clearly states that making a knowingly false claim can result in imprisonment and a fine. However, there's a perception that lower courts might not enforce this section as strictly as intended. Case Example: In a recent instance, a landlord filed a case against a tenant for non-payment of rent. The tenant, in response, submitted a forged Bana khat (cash payment receipt) claiming a partial payment towards the purchase of the commercial property. This case has been pending in court since 2017. Questions: Based on your experience, how challenging is it to prove a claim falls under Section 209 (demonstrably false and made with malicious intent)? Are there any strategies that can increase the chances of a successful prosecution under Section 209? In the example mentioned above, what course of action could be taken to address the forged document and potentially pursue consequences under Section 209? I appreciate any insights and guidance you can offer. Additional Notes: I understand the burden of proof and the court's focus on resolving the main dispute can create hurdles. I'm interested in learning how to best navigate such situations and ensure the court takes appropriate action against the forged document. Thank you for your time and expertise.

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3 Replies

P. Venu (Advocate) 04 July 2024

The fact of the matter is that anyone is free to make any false claims before the Court, Government included. The motto "Satyameva Jayate" has been long been fossilized. Courts at level are unwilling to take up the responsibility in ensuring that litigants plead and depose truth. This is the fundamental reason that the stream of Justice in our country is polluted and clogged. The mushrooming litigation regarding cheque bounce is a telling example of the sad state of affairs. Another instance is the litigation that has been perpetuated by the Salt Department (Salt Commissioner's Organisation under the Union Ministry of Commerce & Industry). The facts in this matter are stranger than fiction which have been dealt with in my articles “Wilful distortion denies to salt pan owners justice” (https://www. indiatogether.org/2008/apr/hrt-saltpan.htm); (ii) “Contentious Rule, Incredible Verdict” (Journal of Indian Law and Society, Volume 1, 2009; https://web.archive.org/web/2016012208 4244/https://jils.ac.in/ wp-content/uploads/2011/12/p-venu.pdf); (iii) “Experiments with Falsehood” (https://www.lawyersclub india.com/articles/Experiments-with-Falsehood-2047.asp) and (iv) “Once Landholders, now Leaseholders” (https://www.lawyersclubindia.com/articles/Once-Landholders-now-Leaseholders-4832.asp#.VyXneNR95dg).

T. Kalaiselvan, Advocate (Advocate) 04 July 2024

You are trying to insert the provisions of criminal law in a civil dispute. If at all you are aggrieved by such acts, then you can prove that the document is false and forged one after which yo can initiate private criminal complaint against the person who is alleged to have commissioned such criminal offences. By just putting blame on the court will not fetch you any result if you do not take any action as per procedures of law.

bharat khatwani 23 July 2024

The petitioner's lawyer had ample opportunity to raise objections during the seven or eight hearings, yet no objections were made, allowing the defendant to easily obtain interim relief. So despite being filed in 2017, the case remains unresolved. Does the legal system tolerate baseless claims built on forged documents? Is an advocate's duty solely confined to following dress codes and respectful courtroom conduct? Should a civil court judge remain silent and permit a potential criminal act (presentation of forged documents) to occur? After dedicating a decade or more to this civil case, should the petitioner be expected to endure the additional time and expense of filing a separate criminal case? Though Section 209 clearly states that making a knowingly false claim can result in imprisonment and a fine. Why petitioner is expected to enforce it by filing criminal case? Isn't it UNETHICAL behaviour of advocate of defender who presents BANAKHAT on plain paper? Swift and decisive action by judges could significantly reduce these occurrences. Imagine a scenario where judges are mandated to report suspected misconduct to bar councils. This increased scrutiny would make advocates think twice before presenting dubious evidence like a 'banakhat' on plain paper. The threat of disciplinary action, ranging from suspension to disbarment, by bar councils upon receiving such reports would undoubtedly serve as a strong deterrent. A culture of accountability fostered by judges could lead to a positive shift in advocate conduct, with greater emphasis on ensuring the legitimacy of presented evidence and adherence to ethical guidelines. This, in turn, would bolster the fairness and integrity of the legal system.