Order U S 107 of CRPC Act by Ex Magistrate
8 months ago
One of my neighbour filed a false complain against me at local PS against which an order U/S 107 of CRPC Act issued to me by the Ex. Magistrate.
Court. How I HV to defend myself and proof them wrong ?
A.Dear client,
You can get the false complaint filed against you quashed by the High Court and for doing so, you can file a petition under Section 482 of the Code of Criminal Procedure, 1973, which empowers the High Court to quash criminal proceedings against an accused.
Additionally, you can institute prosecution against the Complainant under any or all of the following provisions under the Indian Penal Code, 1860 -
Section 182 - False information, with intent to cause public servant to use his lawful power to the injury of another person: This section deals with cases where a person gives false information to a public servant, with the intention of causing them to use their lawful power to harm another person. The punishment for this offence can be imprisonment for up to six months, or a fine, or both.
Section 193 - Punishment for false evidence: This section deals with cases where a person intentionally gives false evidence in any judicial proceeding or fabricates false evidence with the intent to mislead the court. The punishment for this offence can be imprisonment for up to seven years, or a fine, or both.
Section 211 - False charge of an offence made with intent to injure: This section deals with cases where a person makes a false charge of an offence with the intent to cause harm to another person. The punishment for this offence can be imprisonment for up to two years, or a fine, or both.
Section 499 - Defamation: This section deals with cases where a person makes a false and defamatory statement about another person with the intent to harm their reputation. The punishment for this offence can be imprisonment for up to two years, or a fine, or both.
You can get the false complaint filed against you quashed by the High Court and for doing so, you can file a petition under Section 482 of the Code of Criminal Procedure, 1973, which empowers the High Court to quash criminal proceedings against an accused.
Additionally, you can institute prosecution against the Complainant under any or all of the following provisions under the Indian Penal Code, 1860 -
Section 182 - False information, with intent to cause public servant to use his lawful power to the injury of another person: This section deals with cases where a person gives false information to a public servant, with the intention of causing them to use their lawful power to harm another person. The punishment for this offence can be imprisonment for up to six months, or a fine, or both.
Section 193 - Punishment for false evidence: This section deals with cases where a person intentionally gives false evidence in any judicial proceeding or fabricates false evidence with the intent to mislead the court. The punishment for this offence can be imprisonment for up to seven years, or a fine, or both.
Section 211 - False charge of an offence made with intent to injure: This section deals with cases where a person makes a false charge of an offence with the intent to cause harm to another person. The punishment for this offence can be imprisonment for up to two years, or a fine, or both.
Section 499 - Defamation: This section deals with cases where a person makes a false and defamatory statement about another person with the intent to harm their reputation. The punishment for this offence can be imprisonment for up to two years, or a fine, or both.
Helpful
Helpful
Share
Read Related Answers
About marriage case
Dear Client,
The Police do not have an authority to cancel the marriage by written statements or otherwise. If your marriage is legally registered and your spouse is willing to stay with you on the su...
Widow Harassment Money Extortion, Deprivation of Right to Life , Discrimination
Dear Client,
Being a 52-year-old standalone widow, it is a very difficult task for you to tackle the issue with this kind of goons and anti-social elements. Once you make a complaint against them to t...
Threating and Blackmailing
Dear Client,
Blackmailing, which involves monetary demands is a serious offence under Section 384 of IPC. Further, threatens to injure the person or his reputation is a punishable offence under Sectio...
JASVEER Singh
Dear Client,
If you are arrested:
1. You must be informed of the reasons for your arrest (Fundamental Rights : Article 22 and Sec.50 Cr.P.C.)
2. You have a right to see the warrant if you are arrest...
Non supply of water by land lord
Dear sir,
If you are not comfortable with services rendered by land lord, you need not pay any rent. File a suit for injunction and seek interim relief for supply sufficient water as it is basic neces...
Read Blogs on Criminal
Criminal Lawyers
Find Lawyers by Location
