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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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 2 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.

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