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Rights of false accused

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Rights of false accused

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Rights of false accused

  1. 1. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Tel: +91 - 422 - 6552921 HYDERABAD Suite 132 & 133, Level 1, Midtown, Road No 1, Banjara Hills, Hyderabad - 500034. Tel: +91 - 40 - 6050 6009 EMAIL info@altacit.com WEBSITE www.altacit.com FALSE ACCUSATION AND RIGTHS OF FALSELY ACCUSED Vallabie. H. S
  2. 2. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Tel: +91 - 422 - 6552921 HYDERABAD Suite 132 & 133, Level 1, Midtown, Road No 1, Banjara Hills, Hyderabad - 500034. Tel: +91 - 40 - 6050 6009 EMAIL info@altacit.com WEBSITE www.altacit.com What is false accusation? False accusation is when a person is unlawfully prosecuted for a crime. Or those who have been wrongly accused of crimes when those accusations are untrue and have caused damage to the person's reputation. 
  3. 3. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Tel: +91 - 422 - 6552921 HYDERABAD Suite 132 & 133, Level 1, Midtown, Road No 1, Banjara Hills, Hyderabad - 500034. Tel: +91 - 40 - 6050 6009 EMAIL info@altacit.com WEBSITE www.altacit.com There are two types of false accusations, libel and slander, which can be prosecuted in court through a lawsuit. Libel occurs when the false accusation is written down, and might occur in a magazine, a newspaper or on the Internet. There are several legal claims that come into play when someone is falsely accused or improperly prosecuted for a crime.The most common are civil claims based on either defamation of character, or malicious prosecution and/or false imprisonment. LEGAL RIGHTS
  4. 4. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Tel: +91 - 422 - 6552921 HYDERABAD Suite 132 & 133, Level 1, Midtown, Road No 1, Banjara Hills, Hyderabad - 500034. Tel: +91 - 40 - 6050 6009 EMAIL info@altacit.com WEBSITE www.altacit.com India is a country that believes in the principle of Blackstone's formulation that: "It is better that ten guilty persons escape than that one innocent suffer"
  5. 5. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Tel: +91 - 422 - 6552921 HYDERABAD Suite 132 & 133, Level 1, Midtown, Road No 1, Banjara Hills, Hyderabad - 500034. Tel: +91 - 40 - 6050 6009 EMAIL info@altacit.com WEBSITE www.altacit.com It is also well settled that cognizance is taken of the offence and not the offender. Hence at the stage of framing of charge an individual accused may seek discharge if he or she can show that the materials are absolutely insufficient for framing of charge against that particular accused. But such exercise is required only at a later stage, as indicated above and not at the stage of taking cognizance and summoning the accused on the basis of prima facie case. Even at the stage of framing of charge, the sufficiency of materials for the purpose of conviction is not the requirement and a prayer for discharge can be allowed only if the court finds that the materials are wholly insufficient for the purpose of trial. It is also a settled proposition of law that even when there are materials raising strong suspicion against an accused, the court will be justified in rejecting a prayer for discharge and in granting an opportunity to the prosecution to bring on record the entire evidence in accordance with law so that case of both the sides may be considered
  6. 6. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Tel: +91 - 422 - 6552921 HYDERABAD Suite 132 & 133, Level 1, Midtown, Road No 1, Banjara Hills, Hyderabad - 500034. Tel: +91 - 40 - 6050 6009 EMAIL info@altacit.com WEBSITE www.altacit.com  Discharge under Section 239 Criminal Procedure Code, 1973  Section 239, Crpc when accused shall be discharged. - (1) If, upon considering the police report and the documents sent with it under Section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.
  7. 7. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Tel: +91 - 422 - 6552921 HYDERABAD Suite 132 & 133, Level 1, Midtown, Road No 1, Banjara Hills, Hyderabad - 500034. Tel: +91 - 40 - 6050 6009 EMAIL info@altacit.com WEBSITE www.altacit.com THE CASE  The Court will have to consider the Police Report and the Charge sheet (F.I.R and Final Case Report) as submitted to it by the Police under Section 173. The Magistrate may examine the Accused if he deems fit.  Thereafter both the Prosecution and the Accused Parties versions would be heard  Charge against the accused to be groundless-There should not be in existence an iota of evidence against the accused.The Court also has to satisfy itself that there is no prima facie (on the face of it) case against the accused.  Then the Accused shall be discharged.
  8. 8. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Tel: +91 - 422 - 6552921 HYDERABAD Suite 132 & 133, Level 1, Midtown, Road No 1, Banjara Hills, Hyderabad - 500034. Tel: +91 - 40 - 6050 6009 EMAIL info@altacit.com WEBSITE www.altacit.com  The following points must be raised in the Application: Depending upon the nature of the offence, it has to be asserted  That no material particulars of the offence have been specified in the F.I.R and Charge sheet i.eVagueness in allegations in F.I.R and Charge sheet.  That the F.I.R and Charge sheet allegations have not been supported by evidence.  That the version of the Prosecution has not been supported by any of the witnesses for the Prosecution  Contradictions present in the versions of the Prosecution andWitnesses.  That the allegations in the charge sheet are new and different from complaint allegations and these new allegations were not communicated to the accused to defend by the accused by producing supporting evidence.
  9. 9. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Tel: +91 - 422 - 6552921 HYDERABAD Suite 132 & 133, Level 1, Midtown, Road No 1, Banjara Hills, Hyderabad - 500034. Tel: +91 - 40 - 6050 6009 EMAIL info@altacit.com WEBSITE www.altacit.com  A question may crop up as to what exactly constitutes a prima-facie case. The Courts have reiterated that there must no be a single shred of evidence against the Accused. However the Courts have also held that in the event a suspicion arises against the Accused, still he would be discharged provided the suspicion is not a grave suspicion. In the words of the Honble Kerala High Court The law does contemplate a situation, though it must be rare, where an indictment on the basis of a final report may be groundless. In such circumstances, the court provides the safety valve provision in Section 239/240 C.r.P.C where under premature discharge can be claimed by such indictees.
  10. 10. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Tel: +91 - 422 - 6552921 HYDERABAD Suite 132 & 133, Level 1, Midtown, Road No 1, Banjara Hills, Hyderabad - 500034. Tel: +91 - 40 - 6050 6009 EMAIL info@altacit.com WEBSITE www.altacit.com A false accusation of rape is the intentional reporting of a rape where no rape has occurred. It is difficult to assess the prevalence of  false accusations because they are often conflated with non-prosecuted cases under the designation "unfounded“ India gives exclusive rights to men, in case of wrongfully accused in a recent judgment by charging the lady with false accusation and given a life time imprisonment.
  11. 11. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Tel: +91 - 422 - 6552921 HYDERABAD Suite 132 & 133, Level 1, Midtown, Road No 1, Banjara Hills, Hyderabad - 500034. Tel: +91 - 40 - 6050 6009 EMAIL info@altacit.com WEBSITE www.altacit.com SECTIONS INTHE IPC FOR FALSE ACCUSERS Section 182: False information, with intent to cause public servant to use his lawful power to the injury of another person  Section 186: Obstructing public servant in discharge of public functions  Section 191: Giving false evidence  Section 192: Fabricating false evidence  Section 193: Punishment for false evidence
  12. 12. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Tel: +91 - 422 - 6552921 HYDERABAD Suite 132 & 133, Level 1, Midtown, Road No 1, Banjara Hills, Hyderabad - 500034. Tel: +91 - 40 - 6050 6009 EMAIL info@altacit.com WEBSITE www.altacit.com Section 195: Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment Section 196: Using evidence known to be false Section 199: False statement made in declaration which is by law receivable as evidence Section 200: Using as true such declaration knowing it to be false Section 211: False charge of offence made with intent to injure
  13. 13. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Tel: +91 - 422 - 6552921 HYDERABAD Suite 132 & 133, Level 1, Midtown, Road No 1, Banjara Hills, Hyderabad - 500034. Tel: +91 - 40 - 6050 6009 EMAIL info@altacit.com WEBSITE www.altacit.com CONCLUSI ON There are remedies and right s given t o t he accused t o present himself bef ore t he Supreme and benef it t ed and set f ree if he is not ot herwise f ound guilt y. This present at ion is t o know your right s under law, in case you are f alsely accused, you always have a remedy.
  14. 14. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Tel: +91 - 422 - 6552921 HYDERABAD Suite 132 & 133, Level 1, Midtown, Road No 1, Banjara Hills, Hyderabad - 500034. Tel: +91 - 40 - 6050 6009 EMAIL info@altacit.com WEBSITE www.altacit.com
  15. 15. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Tel: +91 - 422 - 6552921 HYDERABAD Suite 132 & 133, Level 1, Midtown, Road No 1, Banjara Hills, Hyderabad - 500034. Tel: +91 - 40 - 6050 6009 EMAIL info@altacit.com WEBSITE www.altacit.com DISCLAIMER Any copyr ight ed mat erial in t his pr esent at ion is used in f air use f or t he pur pose of st udy, review or cr it ical analysis only, and will be r emoved at t he r equest of t he copyr ight owner (s).

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