BABU LAL versus STATE OF UTTAR PRADESH AND OTHERS

BABU LAL versus STATE OF UTTAR PRADESH AND OTHERS

Section 479A of the Code of Criminal Procedure excludes recourse to Section 476 only for offences of intentionally giving false evidence or fabricating false evidence by a person appearing as witness before the court. The offence of using as genuine a document known to be forged (Section 471 IPC) is not covered by Section 479A(1), and thus, proceedings under Section 476 CrPC are maintainable for such offence.

Parties
Appellant: Babu Lal; Respondents: State of Uttar Pradesh & others
Jurisdiction
India
Judgment Date
18 September 1963
Procedural Posture
Civil Appeal / Appeal by Special Leave From Allahabad High Court (civil Revision No. 60 of 1960, Judgment Dated January 31, 1962)
Outcome
Appeal dismissed
Legal Topics
Prosecution of Offences Affecting Administration of Justice, Sections 476 and 479 a, Code of Criminal Procedure, 1898, Section 471, Indian Penal Code, Fabrication of Evidence, Forgery, Judicial Procedure
Criminal Procedure Evidence Law Prosecution of Offences Affecting Administration of Justice Sections 476 and 479 A, Code of Criminal Procedure, 1898 Section 471, Indian Penal Code Fabrication of Evidence Forgery Judicial Procedure

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Parties

Babu Lal

Appellant

State of Uttar Pradesh & others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Allahabad High Court (civil Revision No. 60 of 1960, Judgment Dated January 31, 1962)

Legal Issues

  1. 1 Whether the offence of using a forged document (Section 471 IPC) can be prosecuted under Section 476 CrPC when Section 479A applies to giving false evidence/fabrication for use in judicial proceedings.
  2. 2 Scope and exclusion of procedure under Section 476 CrPC by Section 479A CrPC in respect of offences under Section 195(1)(b) & (c).

Ratio Decidendi

Section 479A of the Code of Criminal Procedure excludes recourse to Section 476 only for offences of intentionally giving false evidence or fabricating false evidence by a person appearing as witness before the court. The offence of using as genuine a document known to be forged (Section 471 IPC) is not covered by Section 479A(1), and thus, proceedings under Section 476 CrPC are maintainable for such offence.

Court Disposition

Appeal dismissed

Orders

  • Appeal fails and is dismissed.
  • No order as to costs.