Criminal Law Chapter XIV Quiz

False Evidence and Offences Against Public Justice

• Definition of False Evidence: A person gives false evidence if they make a statement which they know or believe to be false or do not believe to be true, while being legally bound to state the truth.
• Forms of False Evidence: False statements can be made verbally or in writing, and include misrepresentations about one's belief or knowledge.
• Illustrations:
  • Witness A falsely swearing that Z admitted to owing B money constitutes false evidence.
  • An interpreter providing an inaccurate translation under oath also amounts to giving false evidence.

Fabrication of False Evidence

• Definition: Creating or altering any document or record with the intent to mislead evidence in legal proceedings is considered fabrication of false evidence.
• Intent: The purpose behind creating false evidence must be to mislead the opinion of those assessing the evidence (e.g., a court or public servant).
• Examples:
  • Inserting jewelry into someone else's box to implicate them in theft.
  • Falsely altering business records to support one's claims.

Punishment for False Evidence

• Severe Penalties: Intentional false evidence in judicial proceedings can lead to imprisonment of up to seven years and fines up to ten thousand rupees.
• Lesser Offenses: False evidence outside judicial proceedings can result in up to three years imprisonment and fines up to five thousand rupees.

Specific Punishments

• Capital Offences: If false evidence leads to a conviction of a capital offence, punishment can be life imprisonment or rigorous imprisonment for up to ten years, with fines up to fifty thousand rupees.
• Other Serious Offences: Providing false evidence intending to cause conviction for non-capital serious offences results in equivalent penalties to those they intended to frame.

Threats and Coercion

• Offering Threats: Threatening someone to compel them to give false evidence carries penalties up to seven years imprisonment or fines.
• Consequences of Threats: If the coerced evidence leads to severe punishment (death or long imprisonment), the person making the threat faces equivalent penalties.

Use of False Evidence

• Corrupt Usage: Attempting to pass off known false evidence as true results in penalties akin to giving false evidence.
• Issuing False Certificates: Signing or issuing certificates known to be false incurs similar punishments.

Omission and False Information

• Intentional Omission: Failing to report knowledge of an offence when legally required results in imprisonment up to six months or fines.
• Providing False Information: Giving false information about an offence can lead to imprisonment for up to two years and fines.

Concealing Evidence and Records

• Causing Disappearance of Evidence: Dismissing or hiding evidence to shield offenders incurs penalties based on the severity of the underlying offence.
• Destruction of Documents: Destroying evidence that one is legally compelled to show is punishable with imprisonment up to three years.

Fraudulent Activities in Legal Proceedings

• False Claims: Fraudulently making false claims in court can lead to imprisonment for two years and fines.
• False Charges: Instituting criminal proceedings with no lawful ground can incur penalties of up to five years or fines, escalating with the severity of the alleged offence.

Harbouring Offenders

• Illegal Concealment: Knowing concealment of an offender to avoid justice leads to significant penalties, depending on the severity of the original offence.

Key Takeaway

• Engaging in any form of false evidence or obstructing justice through fabrication, threats, or fraud carries serious criminal penalties aimed at preserving the integrity of the legal system.### Liability and Punishments
• A is liable to imprisonment for up to three years and fines, while B can face life imprisonment.
• Individuals accepting gratification for concealing offenses face varying imprisonment terms based on the offense’s severity.

Acceptance of Gratification

• Punishment ranges from 7 years for offenses punishable by death, to 3 years for life imprisonment or crimes up to 10 years, and less than 2.5 years for offenses below 10 years.
• Restitution in exchange for concealment or screening from legal punishment incurs similar penalties as above.

Offering Gratification

• Similar penalties apply for those who offer gratification for concealment of offenses, with consequences based on the offense's punishment scale.

Harbouring Offenders

• Harbouring or concealing an escaped convict or person ordered for apprehension results in severe penalties, especially if linked to serious crimes (up to 7 years for death-penalty offenses).

Public Servants' Misconduct

• Public servants disobeying legal directives to save individuals from punishment face up to 2 years’ imprisonment or fines.
• Incorrect records made by public servants intending to mislead or save individuals can result in up to 3 years in prison or fines.

Judicial Corruption

• Public servants making unlawful reports or verdicts risk facing up to 7 years of imprisonment for misconduct during judicial proceedings.

Negligence by Public Servants

• Failure to apprehend someone they are bound to confine leads to varying terms: up to 14 years for those under death sentences, and up to 3 years for lesser offenses.

Resistance and Illegal Obstruction

• Individuals resisting or obstructing lawful apprehension face penalties ranging from fines to 2 years of imprisonment, increasing with the seriousness of the offense involved.

Conditional Remission Violations

• Violating conditions of a granted conditional remission can result in reinstatement of original punishment.

Affront to Public Servants

• Interrupting or insulting public servants during judicial proceedings can lead to up to 6 months’ imprisonment or fines.

Impersonation in Judicial Roles

• Intentionally acting as an assessor unlawfully carries a penalty of up to 2 years’ imprisonment or fines.

Failure to Appear in Court

• Not appearing in court when released on bail may result in up to 1 year’s imprisonment or fines, alongside any current charges.

False Evidence and Offences Against Public Justice

• Definition of False Evidence: A person gives false evidence if they make a statement which they know or believe to be false or do not believe to be true, while being legally bound to state the truth.
• Forms of False Evidence: False statements can be made verbally or in writing, and include misrepresentations about one's belief or knowledge.
• Illustrations:
  • Witness A falsely swearing that Z admitted to owing B money constitutes false evidence.
  • An interpreter providing an inaccurate translation under oath also amounts to giving false evidence.

Fabrication of False Evidence

• Definition: Creating or altering any document or record with the intent to mislead evidence in legal proceedings is considered fabrication of false evidence.
• Intent: The purpose behind creating false evidence must be to mislead the opinion of those assessing the evidence (e.g., a court or public servant).
• Examples:
  • Inserting jewelry into someone else's box to implicate them in theft.
  • Falsely altering business records to support one's claims.

Punishment for False Evidence

• Severe Penalties: Intentional false evidence in judicial proceedings can lead to imprisonment of up to seven years and fines up to ten thousand rupees.
• Lesser Offenses: False evidence outside judicial proceedings can result in up to three years imprisonment and fines up to five thousand rupees.

Specific Punishments

• Capital Offences: If false evidence leads to a conviction of a capital offence, punishment can be life imprisonment or rigorous imprisonment for up to ten years, with fines up to fifty thousand rupees.
• Other Serious Offences: Providing false evidence intending to cause conviction for non-capital serious offences results in equivalent penalties to those they intended to frame.

Threats and Coercion

• Offering Threats: Threatening someone to compel them to give false evidence carries penalties up to seven years imprisonment or fines.
• Consequences of Threats: If the coerced evidence leads to severe punishment (death or long imprisonment), the person making the threat faces equivalent penalties.

Use of False Evidence

• Corrupt Usage: Attempting to pass off known false evidence as true results in penalties akin to giving false evidence.
• Issuing False Certificates: Signing or issuing certificates known to be false incurs similar punishments.

Omission and False Information

• Intentional Omission: Failing to report knowledge of an offence when legally required results in imprisonment up to six months or fines.
• Providing False Information: Giving false information about an offence can lead to imprisonment for up to two years and fines.

Concealing Evidence and Records

• Causing Disappearance of Evidence: Dismissing or hiding evidence to shield offenders incurs penalties based on the severity of the underlying offence.
• Destruction of Documents: Destroying evidence that one is legally compelled to show is punishable with imprisonment up to three years.

Fraudulent Activities in Legal Proceedings

• False Claims: Fraudulently making false claims in court can lead to imprisonment for two years and fines.
• False Charges: Instituting criminal proceedings with no lawful ground can incur penalties of up to five years or fines, escalating with the severity of the alleged offence.

Harbouring Offenders

• Illegal Concealment: Knowing concealment of an offender to avoid justice leads to significant penalties, depending on the severity of the original offence.

Key Takeaway

• Engaging in any form of false evidence or obstructing justice through fabrication, threats, or fraud carries serious criminal penalties aimed at preserving the integrity of the legal system.### Liability and Punishments
• A is liable to imprisonment for up to three years and fines, while B can face life imprisonment.
• Individuals accepting gratification for concealing offenses face varying imprisonment terms based on the offense’s severity.

Acceptance of Gratification

• Punishment ranges from 7 years for offenses punishable by death, to 3 years for life imprisonment or crimes up to 10 years, and less than 2.5 years for offenses below 10 years.
• Restitution in exchange for concealment or screening from legal punishment incurs similar penalties as above.

Offering Gratification

• Similar penalties apply for those who offer gratification for concealment of offenses, with consequences based on the offense's punishment scale.

Harbouring Offenders

• Harbouring or concealing an escaped convict or person ordered for apprehension results in severe penalties, especially if linked to serious crimes (up to 7 years for death-penalty offenses).

Public Servants' Misconduct

• Public servants disobeying legal directives to save individuals from punishment face up to 2 years’ imprisonment or fines.
• Incorrect records made by public servants intending to mislead or save individuals can result in up to 3 years in prison or fines.

Judicial Corruption

• Public servants making unlawful reports or verdicts risk facing up to 7 years of imprisonment for misconduct during judicial proceedings.

Negligence by Public Servants

• Failure to apprehend someone they are bound to confine leads to varying terms: up to 14 years for those under death sentences, and up to 3 years for lesser offenses.

Resistance and Illegal Obstruction

• Individuals resisting or obstructing lawful apprehension face penalties ranging from fines to 2 years of imprisonment, increasing with the seriousness of the offense involved.

Conditional Remission Violations

• Violating conditions of a granted conditional remission can result in reinstatement of original punishment.

Affront to Public Servants

• Interrupting or insulting public servants during judicial proceedings can lead to up to 6 months’ imprisonment or fines.

Impersonation in Judicial Roles

• Intentionally acting as an assessor unlawfully carries a penalty of up to 2 years’ imprisonment or fines.

Failure to Appear in Court

• Not appearing in court when released on bail may result in up to 1 year’s imprisonment or fines, alongside any current charges.