Anyone who fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a court of justice any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine under section 209 of IPC,1860.
What Is Section 209 Of Indian Penal Code,1860?
Section 209 of the Indian Penal Code makes dishonestly making a false claim in a Court as an offence punishable with imprisonment up to two years and fine.
The essential ingredients of an offence under Section 209 are:
The accused made a claim;
The claim was made in a Court of Justice;
The claim was false, either wholly or in part;
That the accused knew that the claim was false; and
The claim was made fraudulently, dishonestly, or with intent to injure or to annoy any person.
The reason for criminalising false claims and defences is that the plaintiff, as well as the defendant, can abuse the process of law by deliberate falsehoods, thereby perverting the course of justice and undermining the authority of the law.
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