BABAN SINGH AND ANR. versus JAGDISH SINGH & ORS.

BABAN SINGH AND ANR. versus JAGDISH SINGH & ORS.

Swearing false affidavits before the High Court with intent for statements to appear in evidence and influence court opinion comes within sections 191/192 of Indian Penal Code. In respect of offences under these sections committed by a witness, only the special procedure under section 479-A of the Code of Criminal Procedure applies, precluding the use of section 476.

Parties
Appellant: Baban Singh; Appellant: Dharichhan Kuer; Respondent: Jagdish Singh; Respondent: Parmhans; Respondent: State Government
Jurisdiction
India
Judgment Date
08 February 1966
Procedural Posture
Criminal Appeal / Appeal From Order of Patna High Court Dated October 3, 1963
Outcome
Appeal allowed
Legal Topics
False Evidence, Procedure for Prosecution of Witnesses
Criminal Law False Evidence Procedure for Prosecution of Witnesses

Case Brief

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Parties

Baban Singh

Appellant

Dharichhan Kuer

Appellant

Jagdish Singh

Respondent

Parmhans

Respondent

State Government

Respondent

Procedural Posture

Criminal Appeal / Appeal From Order of Patna High Court Dated October 3, 1963

Legal Issues

  1. 1 Whether swearing of false affidavits constitutes an offence under section 199 or sections 191 and 192 of Indian Penal Code
  2. 2 Whether proceedings could be taken under section 479-A or section 476 of the Code of Criminal Procedure

Ratio Decidendi

Swearing false affidavits before the High Court with intent for statements to appear in evidence and influence court opinion comes within sections 191/192 of Indian Penal Code. In respect of offences under these sections committed by a witness, only the special procedure under section 479-A of the Code of Criminal Procedure applies, precluding the use of section 476.

Court Disposition

Appeal allowed

Orders

  • Order for prosecution of the appellants is set aside
  • If complaint has been filed, it shall be withdrawn