Ipc 182. Defamation and IPC 182. How to proceed on it ? 2022-12-25
Ipc 182 Rating:
5,4/10
422
reviews
IPC 182 is a section of the Indian Penal Code that deals with the offense of false information, with intent to cause public mischief. This offense is punishable under Indian law and can carry serious consequences for those found guilty.
Under IPC 182, it is illegal to intentionally give false information to a public servant, with the intention of causing public mischief. Public mischief refers to an act that is intended to cause harm to the public or to disturb the public peace. This could include spreading false rumors or lies about a person or event, with the intent to cause harm or unrest.
In order to be found guilty of this offense, the prosecution must prove that the accused gave false information to a public servant with the intent to cause public mischief. The accused must have had the intention to cause harm or unrest, and must have known that the information they were providing was false.
The punishment for this offense depends on the severity of the harm caused and the intent of the accused. In cases where the false information caused serious harm or unrest, the accused may be sentenced to imprisonment for up to six months or a fine, or both. In cases where the false information caused minor harm or unrest, the accused may be sentenced to imprisonment for up to one month or a fine, or both.
It is important to note that IPC 182 only applies to false information given to a public servant, and not to false information given to the general public. However, spreading false information to the public can still be considered a criminal offense under other sections of the Indian Penal Code, such as IPC 153A (promoting enmity between different groups) or IPC 505 (statements conducing to public mischief).
In conclusion, IPC 182 is a significant section of the Indian Penal Code that criminalizes the act of giving false information to a public servant with the intention of causing public mischief. This offense carries serious consequences and is punishable under Indian law. It is important for individuals to be aware of this offense and to refrain from spreading false information that could cause harm or unrest to the public.
IPC Section 182
State of Punjab, and set aside a high court judgment, which had directed the Registrar General to make a formal complaint for prosecution under Section 182 of the Indian Penal Code. The Madhya Pradesh High Court has ruled that where a sessions judge rightly acquitted an alleged assailant because though the person lodging the first information report had named him therein he refused to identify him in the court, the sessions judge was not competent to initiate later on proceedings under section 182 of the Code against the person lodging the first information report because the investigating machinery was set in motion by a message received by telephone and also because the first information report was made not to the sub-divisional magistrate but to the police. . Hi my wife complaint to sp that I try to kidnep her and same day file tranfer case to high Court from my city to her city. A has committed the offence defined in this section.
Yes, you can file criminal case under 182 IPC and other provisions too can't be ascertained through given facts. Triable By : Any Magistrate Punishment : Imprisonment for 6 months or fine of 1,000 rupees, or both. Absence of the required intention or knowledge would mean absence of liability of the information giver. рдзрд╛рд░рд╛ 182 рдХрд╛ рд╡рд┐рд╡рд░рдг рднрд╛рд░рддреАрдп рджрдВрдб рд╕рдВрд╣рд┐рддрд╛ рдХреА рдзрд╛рд░рд╛ 182 рдХреЗ рдЕрдиреБрд╕рд╛рд░, рдЬреЛ рднреА рдХреЛрдИ рдХрд┐рд╕реА рд▓реЛрдХ рд╕реЗрд╡рдХ рдХреЛ рдХреЛрдИ рдРрд╕реА рд╕реВрдЪрдирд╛, рдЬрд┐рд╕рдХреЗ рдирд┐рд░рд╛рдзрд╛рд░ рд╣реЛрдиреЗ рдХрд╛ рдЙрд╕реЗ рдЬреНрдЮрд╛рди рдпрд╛ рд╡рд┐рд╢реНрд╡рд╛рд╕ рд╣реИ, рдЗрд╕ рдЖрд╢рдп рд╕реЗ рджреЗрдЧрд╛ рдХрд┐ рд╡рд╣ рдЙрд╕ рд▓реЛрдХ рд╕реЗрд╡рдХ рдХреЛ рдкреНрд░реЗрд░рд┐рдд рдХрд░реЗ рдпрд╛ рдпрд╣ рд╕рдореНрднрд╛рд╡реНрдп рдЬрд╛рдирддреЗ рд╣реБрдП рджреЗрдЧрд╛ рдХрд┐ рд╡рд╣ рдЙрд╕ рд▓реЛрдХ рд╕реЗрд╡рдХ рдХреЛ рддрджреНрджреНрд╡рд╛рд░рд╛ рдкреНрд░реЗрд░рд┐рдд рдХрд░реЗ рдХрд┐ рд╡рд╣ -- рдХ рдХреЛрдИ рдРрд╕реА рдХрд╛рдо рдХрд░реЗ рдпрд╛ рдЫреЛрдбрд╝реЗ рдЬрд┐рд╕реЗ рд╡рд╣ рд▓реЛрдХ рд╕реЗрд╡рдХ, рдпрджрд┐ рдЙрд╕реЗ рдЙрд╕ рд╕рдВрдмрдВрдз рдореЗрдВ, рдЬрд┐рд╕рдХреЗ рдмрд╛рд░реЗ рдореЗрдВ рдРрд╕реА рд╕реВрдЪрдирд╛ рджреА рдЧрдИ рд╣реИ, рддрдереНрдпреЛрдВ рдХреА рд╕рд╣реА рд╕реНрдерд┐рддрд┐ рдХрд╛ рдкрддрд╛ рд╣реЛрддрд╛ рддреЛ рди рдХрд░рддрд╛ рдпрд╛ рдЫреЛрдбрд╝рддрд╛, рдЕрдерд╡рд╛ рдЦ рдРрд╕реЗ рд▓реЛрдХ рд╕реЗрд╡рдХ рдХреА рд╡рд┐рдзрд┐рдкреВрд░реНрдг рд╢рдХреНрддрд┐ рдХрд╛ рдЙрдкрдпреЛрдЧ рдХрд░реЗ рдЬрд┐рд╕ рдЙрдкрдпреЛрдЧ рд╕реЗ рдХрд┐рд╕реА рд╡реНрдпрдХреНрддрд┐ рдХреЛ рдХреНрд╖рддрд┐ рдпрд╛ рдХреНрд╖реЛрдн рд╣реЛ, рддреЛ рдЙрд╕реЗ рдХрд┐рд╕реА рдПрдХ рдЕрд╡рдзрд┐ рдХреЗ рд▓рд┐рдП рдХрд╛рд░рд╛рд╡рд╛рд╕ рдХреА рд╕рдЬрд╛ рдЬрд┐рд╕реЗ рдЫрд╣ рдорд╣реАрдиреЗ рддрдХ рдмрдврд╝рд╛рдпрд╛ рдЬрд╛ рд╕рдХрддрд╛ рд╣реИ, рдпрд╛ рдПрдХ рд╣рдЬрд╛рд░ рд░реБрдкрдП рддрдХ рдХрд╛ рдЖрд░реНрдерд┐рдХ рджрдВрдб, рдпрд╛ рджреЛрдиреЛрдВ рд╕реЗ, рджрдгреНрдбрд┐рдд рдХрд┐рдпрд╛ рдЬрд╛рдПрдЧрд╛ ред рд▓рд╛рдЧреВ рдЕрдкрд░рд╛рдз рдЧреИрд░рдХрд╛рдиреВрдиреА рдЬрдирд╕рдореВрд╣ рдХрд╛ рд╕рджрд╕реНрдп рд╣реЛрдирд╛ рд╕рдЬрд╛ - рдЫрд╣ рдорд╣реАрдиреЗ рдХрд╛рд░рд╛рд╡рд╛рд╕ рдпрд╛ рдПрдХ рд╣рдЬрд╛рд░ рд░реБрдкрдП рддрдХ рдХрд╛ рдЖрд░реНрдерд┐рдХ рджрдВрдб рдпрд╛ рджреЛрдиреЛрдВ ред рдпрд╣ рдПрдХ рдЬрдорд╛рдирддреА, рдЧреИрд░-рд╕рдВрдЬреНрдЮреЗрдп рдЕрдкрд░рд╛рдз рд╣реИ рдФрд░ рдХрд┐рд╕реА рднреА рдордЬрд┐рд╕реНрдЯреНрд░реЗрдЯ рджреНрд╡рд╛рд░рд╛ рд╡рд┐рдЪрд╛рд░рдгреАрдп рд╣реИред рдпрд╣ рдЕрдкрд░рд╛рдз рд╕рдордЭреМрддрд╛ рдХрд░рдиреЗ рдпреЛрдЧреНрдп рдирд╣реАрдВ рд╣реИред LawRato. рд╕рд╛рд░реЗ рдЕрдзрд┐рдХрд╛рд░ рд░рд┐рдЬрд░реНрд╡реНрдбред 0. The Rajasthan High Court is of the opinion that where someone gives a false information against another, alleging that he had committed certain offences, which was found to be false by the police the discharge of the person charged by the Court was naturally correct and the station house officer of the police station was competent to file a complaint under section 182 of the Code against him.
Filing of false case s will amount to cruelty and hence a ground for divorce. The section does not require that the public servant must always do or omit to do something on the basis of the information. IPC 182 Section тАФ False information, with intent to cause public servant to use his lawful power to the injury of another person Indian Penal Code IPC 182 Section Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servantтАФ a to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or b to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. The Supreme Court, in Saloni Arora vs. .
IPC Section 182: False Information, With Intent To Cause Public Servant To Use His Lawful Power To The Injury Of Another Person
In Daulat Ram case, the apex court had held that the complaint must be in writing by the public servant concerned, and without that, trial for the offence under Section 182 IPC is without jurisdiction ab initio. False information with intent to cause public servant to use his lawful power to the injury of another person: Giving false information to a public servant with the intention of causing the public servant to use his lawful power to the injury of another person, has been made an offence under this section. The Gujarat High Court is of the opinion ADVERTISEMENTS: Cases The Allahabad High Court refused to convict an accused under this section who had made a false report of a robbery having been committed in his house with a view to suppress certain documents by showing them as having been stolen in the course of that robbery. I was also met sp of police that matrimonial cases is going on between the party and I am ready to cooperate with police whenever Cal me but there is no Cal received by me from police. рд╣рдорд╛рд░реА рд░рд┐рдлрдВрдб рдФрд░ рдХреИрдВрд╕рд▓реЗрд╢рди рдкрд╛рд▓рд┐рд╕реА рджреЗрдЦреЗ LawRato.
State, has reiterated that in order to prosecute an accused for an offence punishable under Section 182 IPC, it is mandatory to follow the procedure prescribed under Section 195 of the Code else such action is rendered void ab initio. A has committed an offence under this section. Section 182 of the Indian Penal Code deals with the offence of giving false information with an intent to cause a public servant use his lawful power to the injury of another person. The Patna High Court has held that where certain members of a political party passed resolutions criticising the administration and the public about their inaction and lack of sense of duty with respect to certain happenings, and copies of the resolutions were sent to different officers and people, section 182 of the Code did not apply. He does not mention the name of any person as one of his assailants, but knows it to be likely that in consequence of this information the police will make enquiries and institute searches in the village to the annoyance of the villagers or some of them. A has committed the offence defined in this section.
Definition of IPC 182: False information, with intent to cause public servant to use his lawful power to the injury of another person. Classification : This section is Bailable, Non-cognizable and Non-compoundable. Section 195 of the Criminal Procedure Code deals with procedure for prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence. State, has reiterated that in order to prosecute an accused for an offence punishable under Section 182 IPC, it is mandatory to follow the procedure prescribed under Section 195 of the Code else such action is rendered void ab initio. Illustrations a A informs a Magistrate that Z, a police-officer, subordinate to such Magistrate, has been guilty of neglect of duty or misconduct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z.
Read the Judgment here. Article shared by Legal Provisions of Section 182 of Indian Penal Code, 1860. . According to this section, whoever gives to any public servant any information either with the knowledge that it is false, or which he believes to be false, with the intention thereby to cause, or with the knowledge that it is likely that he will thereby cause, such public servant, a either to do or omit anything which such public servant ought not to do or omit if he would have had knowledge about the true state of facts, or b to make use of the lawful power of such public servant to cause either injury or annoyance to any person, shall be punished with simple or rigorous imprisonment for a term extending up to six months, or with fine extending up to one thousand rupees, or with both. He does not mention the name of any person as one of his assailants, but knows it to be likely that in consequence of this information the police will make enquiries and institute searches in the village to the annoyance of the villagers or some of them. Similarly, absence of knowledge or belief of the falsity of the information would mean non-applicability of the section.
Prosecution For Offence Under Sec. 182 IPC Without Formal Complaint By Public Servant Void Ab Initio: SC [Read Judgment]
A has committed an offence under this section. A bench comprising Justice AK Sikri and Justice AM Sapre observed that such a position is settled in the case of Daulat Ram vs. A bench comprising Justice AK Sikri and Justice AM Sapre observed that such a position is settled in the case of Daulat. A has committed the offence defined in this section. A has committed the offence defined in this section. ADVERTISEMENTS: The information given to the public servant must be with knowledge of its falsity or with belief that it is false, and the giver of the information must either have intention to cause the public servant, or knowledge that it is likely that he would cause the public servant, to do or omit what has been stated in clause a or clause b of the section. The section needs to be understood in the light of section 195 1 a i of the Code of Criminal Procedure, 1973 according to which no court shall take cognizance of any offence punishable under sections 172 to 188, both inclusive, of the Indian Penal Code, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate.