Ipc 195 and 211

There are many similarities and overlapping between the offences under Section 211 IPC and Section 195 IPC. However, there are some differences between these two offences, some of which are as under:

 

(1)               Offence under Section 211 IPC is applicable when a person “institutes” or “causes to be instituted” or “falsely charges”. Thus, this section is meant at the stage when the case is initiated, such as lodging false FIR or lodging a false private complaint, etc.

 

On the other hand, Section 195 is applicable when a person “gives false evidence” or “fabricates false evidence”. Thus, Section 195 may be applicable even to the witnesses of a case in addition to the stage of initiation of that case.

 

(2)               Secondly, Section 211 is applicable NOT ONLY when a false charge is made BUT ALSO when it is known “that there is no just or lawful ground for such proceeding or charge against that person”. Therefore, its scope is wider than merely making a false charge, and even if an unjustified / unlawful case is filed it may perhaps be attracted.

 

On the other hand, Section 195 is applicable only when false evidence is given or fabricated.

 

(3)               For Section 211, the mere intention “to cause injury to any person” is sufficient. This is a light requirement since the word “injury” is defined very widely in IPC.

 

On the other hand, for Section 195, the intention has to be to cause conviction of the person against whom false evidence is given or fabricated (for the offences mentioned in that section). Therefore, in that sense, offence under Section 195 IPC is more serious than that under Section 211 IPC.

 

(4)               There are some other differences in these two sections, which I am not highlighting.

 

 

 

Thus, there are some similarities and some differences in these two offences. Sine you have not mentioned the facts of your case, I cannot make any comment as to which section is more appropriate in your case. In fact, in a particular case, both these sections may also be attracted.

Dear Ashok sir 

Thanks for the detailed response. In this case, FIR is filed and a declaration is made in the complaint that the document submitted was forged and some some false allegations of cheating are made. Will it be right to go ahead with IPC 121 in such case?

regards

Ankit

In the limited facts mentioned by you, offences under Section 182 and 211 of IPC appear to be attracted at this stage. However, both these sections are non-cognizable offences, where the police will not register your FIR, but a private complaint may have to filed in the court. Moreover, as per the provisions of Section 195 Cr.P.C. [please mind the words “Cr.P.C.” and not “IPC”], complaint in respect of Section 182 can be lodged only by the officer (or his superior) to whom false information was given.

Thanks a lot for such vivid reply. Kindly provide your ph number and let me know if you are willing to take up such case in Noida courts.

regards

Ankit

Ld. Adv.ASHOK has given a detailed explanation and interpretation of law to the query. I endorse his views. In your case, you may have to proceed with a private complaint only, but see to it that you have substantial proof to prosecute or conduct the case.

Respected forum members, 

Sir,

In order to file a case under IPC 211, I came across judgements barring filing 211 under 195 Cr PC. Pl enlighten me if I can file 211 while proceedings should be pending in court or after conclusion of legal proceedings? Can I file a pvt complaint or it should be by a public servent only?

I am specifically reading this  :

https://indiankanoon.org/doc/108586/ pl help ANKIT