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Attorney(S)
  • Laxmi Narain, Dy. G.A for State
Judges
  • Kailash Wanchoo
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Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
  • Laxmi Narain, Dy. G.A for State
Judges
  • Kailash Wanchoo
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Smart Summary

Summary of the Opinion (Wanchoo, C.J.)

Factual and Procedural Background

Bala Prasad submitted an application in April 1950 to the Deputy Inspector General (Dy. I.G.P.), Bikaner, alleging that certain persons had murdered an old woman for money, thrown her body into a tank, spread a rumour that she had left the village, and that the body later floated and was quickly cremated without informing the police. The Dy. I.G.P. forwarded the application to the Sub-Inspector of Police at Gersar for investigation. The Sub-Inspector concluded the information was false and intended to harass the persons named. A complaint under section 182 of the Indian Penal Code (I.P.C.) was filed against Bala Prasad in the court of the Sub-Divisional Magistrate (North), Bikaner. That Magistrate acquitted Bala Prasad on two grounds: (1) the facts amounted to an offence under section 211 I.P.C. rather than section 182, and (2) the complaint should have been made by the Dy. I.G.P. and not by the Superintendent/Station Officer. The District Magistrate (on revision) disagreed with those conclusions, recommended that the order of acquittal be set aside, and made a reference to the High Court. The High Court (Wanchoo, C.J.) examined the two points and ultimately rejected the reference, ordering the return of the record, while noting that the Dy. I.G.P. remained free to file a complaint if he considered it appropriate.

Legal Issues Presented

  1. Whether the information supplied by Bala Prasad, as a matter of law, falls under section 211 of the Indian Penal Code (falsely instituting criminal proceedings / falsely charging a defined person), or under section 182 I.P.C. (giving false information to a public servant), i.e., whether it was appropriate to prosecute under section 182.
  2. Whether, under section 195(1)(a) of the Code of Criminal Procedure (Cr. P.C.), the complaint under section 182 I.P.C. had to be made by the public servant "concerned" (the Dy. Inspector General of Police to whom the information was given) or whether it could properly be filed by the Station Officer / Sub-Inspector who investigated the matter.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Apaya Tatoba (14, Cr. Law Journal, 491) — Bombay High Court The Bombay High Court's distinction that section 211 deals with the false institution of criminal proceedings or falsely charging a defined person, whereas section 182 applies to false information to police that falls short of instituting proceedings against a defined person. The opinion cites this case as representing the Bombay High Court's view in the existing debate about the distinction between sections 211 and 182; the Court records the view but does not adopt it, instead aligning with other High Courts' approach that either section may apply.
Emperor v. Sarada Prasad Chatterjee (I.L.R. XXXII Calcutta, 180) — Calcutta High Court The Calcutta High Court held that prosecution for a false charge may lie under section 182 or section 211, but if the false charge is serious the graver section 211 should be applied. The opinion cites this decision as supporting the view that both sections can apply and that authorities may select which section to proceed under; the Court endorses this approach.
Madras High Court, 7 Madras High Court Report, Appendix 5 The Madras High Court held there is no error in convicting under section 182 when the false charge made before the police is punishable under section 211. The opinion cites this ruling as additional authority for the view that proceedings may validly lie under section 182 even where section 211 also applies; the Court agrees with this position.
Queen-Empress v. Raghu Tiwari (quoted — Edge, C.J.) The opinion of Edge, C.J. expressing that section 182 may apply in cases to which section 211 especially applies, and that there is discretion as to when prosecutions should proceed under section 182 or 211; section 182 is complete when false information is given with intent to cause a public servant to institute proceedings even if no steps are taken. The Court quotes this passage at length and adopts the reasoning that the offence under section 182 can be complete without any action by the public servant and that it is open to authorities to proceed under either section, thereby rejecting the Magistrate's view that prosecuting under section 182 was impermissible.
Oyyappa Kone v. Chidambaram Chettiar President, Vallalapatti Panchayat Court (A.I.R. 1941 Madras 164) Held that a complaint under section 182 must be filed by the public servant to whom the false information was given. The Court cites this decision as supporting the interpretation of section 195(1)(a) Cr. P.C. that the "public servant concerned" is the public servant to whom the information was given; applied to conclude the Dy. I.G.P. was the proper complainant.
Ram Rakha v. Emperor (A.I.R. 1937 Lahore 624) Held that a complaint under section 182 must be filed by the public servant to whom the information was given. The Court cites this case as further authority for the same rule and applies it to hold the Dy. I.G.P., not the Sub-Inspector, was the "public servant concerned" for the purpose of section 195(1)(a) Cr. P.C.
Bachalal v. Emperor (A.I.R. 1936 Patna 56) Where a Magistrate had a complaint and sent it to a Sub-Inspector for enquiry, and the complaint was found false, the proper authority to file a complaint under section 182 was the Magistrate to whom the alleged false complaint had been made. The Court relies on this case to support its conclusion that the complaint must be made by the public servant to whom the information was given (here, the Dy. I.G.P.), not by the subordinate officer conducting the investigation.
Sudarsan Barhambhat v. Emperor (A.I.R. 1947 Patna 64) Held that where an initial report was made to a Sub-Inspector and investigation was carried out by another subordinate officer who then applied for prosecution, that would be the complaint of someone who was neither the person to whom the information was given nor the person to whom he was subordinate. The Court cites this decision as additional support for the proposition that a complaint under section 182 must originate with the public servant to whom the false information was given or with his superior, reinforcing the requirement identified under section 195(1)(a) Cr. P.C.

Court's Reasoning and Analysis

The Court addressed the two contested points sequentially.

1. Section 182 vs. Section 211:

  • The Court acknowledged that High Courts are not unanimous on whether a given set of facts should be prosecuted under section 211 (falsely instituting criminal proceedings or falsely charging a defined person) or under section 182 (giving false information to a public servant).
  • It described the Bombay High Court's approach (as reflected in Apaya Tatoba) which draws a clear distinction: section 211 applies where the information amounts to false institution of proceedings or a false charge against a defined person; section 182 applies where the information falls short of that.
  • It then described the contrary view taken by the Calcutta, Madras and Allahabad High Courts, which accept that a false charge may be prosecuted under section 182 or section 211 and that authorities have discretion to proceed under either section.
  • The Court explicitly adopted the view of the Allahabad, Calcutta and Madras High Courts as sound. It held that where facts could attract both sections 211 and 182, it is open to the authority concerned to proceed under either section.
  • Accordingly, the Magistrate's conclusion that the facts showed only a case under section 211 and thus precluded prosecution under section 182 was incorrect. The Court observed that although the facts might well support prosecution under section 211, the same facts also constituted an offence under section 182.

2. Who is the "public servant concerned" under Section 195(1)(a) Cr. P.C.:

  • The Court examined section 195(1)(a) Cr. P.C., which provides that courts shall not take cognizance of offences punishable under sections 172 to 188 I.P.C. except on the written complaint of the public servant concerned or of some other public servant to whom he is subordinate.
  • It reasoned that, for an offence under section 182 (giving false information to a public servant with intent), the phrase "public servant concerned" must mean the public servant to whom the false information was actually given.
  • Applying that principle to the present facts, because the false information was given to the Dy. I.G.P., he was the "public servant concerned" within the meaning of section 195(1)(a). The fact that the Dy. I.G.P. forwarded the application to a Station Officer/Sub-Inspector for investigation did not make the Station Officer the public servant to whom the information was given.
  • On that basis, the Court concluded the complaint had to be filed either by the Dy. I.G.P. or by some other public servant to whom the Dy. I.G.P. was subordinate; it could not properly have been filed by the Station Officer or Sub-Inspector who conducted the inquiry.
  • The Court cited several authorities (Oyyappa Kone; Ram Rakha; Bachalal; Sudarsan Barhambhat) that support the proposition that the complaint under section 182 must be filed by the public servant to whom the information was given or by his superior.

3. Disposition based on the combined analysis:

  • Because the Magistrate erred on both points (the exclusivity of section 211 over section 182, and the identity of the proper complainant), the Court found that the District Magistrate's recommendation to set aside the acquittal could not be sustained.
  • The Court therefore rejected the reference. It expressly left open the practical possibility that the Dy. I.G.P. could himself file a complaint if he considered the case important enough to warrant trial.

Holding and Implications

Holding:

REFERENCE REJECTED; RECORD RETURNED.

Implications:

  • Direct effect: The High Court rejected the District Magistrate's reference and ordered the return of the record, meaning the District Magistrate's recommendation to set aside the acquittal was not accepted by the High Court in this reference.
  • Procedural consequence: If the Dy. Inspector General of Police considers the matter sufficiently important, he remains free to file a complaint under section 182 (or otherwise) in accordance with section 195(1)(a) Cr. P.C., since the Court held that a complaint under section 182 must be made by the public servant to whom the information was given or by his superior.
  • No broader ruling displacing existing authority: The Court adopted the view that authorities may proceed under either section 182 or section 211 where facts attract both, aligning with certain High Court precedents; however, the disposition was narrowly applied to reject the specific reference and return the record. The opinion did not state that it was laying down an abstract or novel precedent beyond the reasoning applied to the present facts.

Note: This summary is based exclusively on the content of the opinion provided and does not add information beyond what the opinion itself states.

Show full summary ...

    The State v. Bala Prasad

    Wanchoo, C.J:— This is a reference by the District Magistrate of Bikaner in a case in which one Bala Prasad was prosecuted under sec. 182 of the Indian Penal Code.

    2. The facts of the case may be briefly narrated. Bala Prasad sent an application to the Deputy Inspector General of Police, Bikaner, in April 1950, in which he said that certain persons had murdered an old woman for her money and had thrown her body in a tank and had spread a false rumour that she had left the village. He also said that the body had come afloat on the tank after three days and was quickly cremated and no information was given to the Police about it. The Dy. Inspector General of Police forwarded this application to the Sub-Inspector of Police, Gersar, who investigated the matter & came to the conclusion that the information given by Bala Prasad was false and was given with the intention of putting the persons named in the application to harassment. Thereupon, a complaint under sec. 182 I.P.C was filed against Bala Prasad in the court of Sub-Divisional Magistrate (North) Bikaner. That Magistrate acquitted the accused and thereupon there was a revision before the District Magistrate who has made this reference with the recommendation that the order of acquittal should be set aside.

    3. The Magistrate had acquitted the accused on two grounds. The first was that the facts disclosed a case under sec. 211 of the Indian Penal Code and not under sec. 182. The second was that the complaint should have been made by the Dy. Inspector General of Police and not by the Superintendent of Police. The District Magistrate has disagreed with the conclusion of the Magistrate concerned on both these points. I propose to examine these two points one by one.

    4. The question whether an information of this nature falls under sec. 211 or under sec. 182 I.P.C has been the subject of debate in various High Courts and the view is not unanimous. The Bombay High Court has held that criminal law makes a clear distinction between a false charge which comes under sec. 211 and false information given to the police, which comes under sec. 182. The distinction has been drawn in this manner: “If the information conveyed to the police amounts to the false institution of criminal proceedings against a defined person or amounts to the falsely charging of a defined person with an offence, then the person giving such information is guilty of an offence under sec. 211. In such a case sec. 182 is not the appropriate section under which to frame a charge. Sec. 182, when read with sec. 211, must be understood as referring to cases where the information given to the public servant falls short of amounting to an institution of criminal proceedings against a defined person and falls short of amounting to the falsely charging of defined person with an offence”. Reference may be made to the case of Apaya Tatoba (14, Cr. Law Journal, 491) in support of this view.

    5. But the Allahabad, Calcutta, and Madras High Courts have taken a different view. The Calcutta High Court has held that a prosecution for a false charge may lie under sec. 182 or sec. 211, but if the false charge is a serious one, the graver sec. 211 should be applied vide Emperor v. Sarada Prasad Chatterjee (I.L.R XXXII Calcutta, 180) The Madras High Court has also held that there is no error in a conviction under sec. 182, when the false charge made before the police is punishable under sec. 211 vide 7 Madras High Court Report, Appendix 5. The view of the Allahabad High Court was expressed by Edge, C.J in Queen-Empress v. Raghu Tiwari*, 363) in the following words:—

    “Although it is difficult to see what case could arise under sec. 211 to which sec. 182 could not be applied yet sec. 182 would apply to a case which might not fall under sec. 211. The offence under sec. 182 is complete when false information is given to a public servant by a person who believes it to be false, but who intends thereby to cause such public servant to institute criminal proceedings against a third person. The offence is complete although the public servant takes no step towards the institution of such criminal proceedings…………it is in such a case not at all necessary that the public servant should take any step whatever, on the false information before instituting and prosecuting to a conclusion a charge under sec. 182 against the person who had given such false information………. In cases to which sec. 211 especially applies and in which a criminal proceeding has been instituted, a court should…………as a rule proceed to determine such criminal proceeding instituted in it & should give the person instituting such proceeding, a reasonable opportunity of supporting his case before proceeding against him for an offence under sec. 211……………. It appears to us that it has been left to the discretion of the court to determine when and under what circumstances prosecutions should be proceeded with under sec. 182 &211”

    6. I am of opinion that the view taken by the Allahabad, Calcutta and Madras High Courts is, if I may say so with all respect, sound, and there is no reason why, if a case comes both under sec. 211 & 182 of the Indian Penal Code, it may not be open to the authority concerned to proceed either under one section or the other. The view, therefore, of the Magistrate, that the facts of this case make out a case under sec. 211 and, therefore, there could have been no prosecution under sec. 182, is not correct. It may be that on the facts, a case of falsely charging the persons named in the application for murder might be made out and Bala Prasad should have been prosecuted under sec. 211 of the Indian Penal Code. But these very facts also make out a case of giving false information to a public servant with intent to use the lawful power of such person to the injury or annoyance of any person. The Magistrate was, therefore, not right in acquitting Bala Prasad on the ground that he should have been prosecuted under sec. 211, and not under sec. 182 of the Indian Penal Code.

    7. Then I come to the second point, namely, whether the complaint in this case should have been made by the Dy. Inspector General of Police, or whether it was enough that the Sub-Inspector of Police, who had investigated the case on receiving the application from the Dy. I.G.P, should have made the complaint. This depends upon the interpretation of Sec. 195(1)(a) of the Code of Criminal Procedure, which reads as follows:—

    “No Court shall take cognizance of any offence punishable under sec. 172 to 188 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 subordinate”.

    8. The main question in such cases is as to who is the public servant concerned. The prosecution under sec. 182 of the Indian Penal Code is for giving false information to a public servant with particular intent. Therefore, the ‘public servant concerned meant in sec. 195(1)(a) Cr. P.C can only be the public servant to whom the false information is given. In the present case, false information was given to the Dy. Inspector General of Police, and he is, therefore, the ‘public servant concerned’ within the meaning of sec. 195(1)(5) of the Code of Criminal Procedure. The fact that he sent the application to the Station Officer of a particular Police Station for investigation would not make the Station Officer the public servant concerned to whom information was given. The complaint therefore, had to be filed either by the Dy. Inspector General of Police, Bikaner, or by some other public servant to whom the Dy. Inspector General of Police is subordinate. I cannot, therefore, agree with the District Magistrate that the complaint in this case could have been tiled by the Station Officer of Police Station, Gersar, to whom the application had been sent by the Dy. Inspector General of Police for enquiry.

    9. I may refer to certain cases in support of the view that I have taken. It has been held that a complaint under sec. 182 has to be filed by the public servant to whom the false information was given, vide Oyyappa Kone v. Chidambaram Chettiar President, Vallalapatti Panchayat Court (A.I.R 1941 Madras, 164) and Ram Rakha v. Emperor (A.I.R 1937 Lahore, 624). Another case to which reference may be made is Bachalal v. Emperor (A.I.R 1936 Patna, 56). In that case, a complaint had been made before a Magistrate who sent it for enquiry to a Sub-Inspector of Police. The complaint was found to be false on enquiry by the Police and there-upon the Magistrate directed the Sub-Inspector to make a complaint under sec. 182 and sec. 211 of the Indian Penal Code. It was held that the proper authority to file a complaint under sec. 182 was the Magistrate himself to whom the alleged false complaint had been made.

    10. In Sudarsan Barhambhat… v. Emperor (A.I.R 1947 Patna 64), a first information report of robbery was lodged by the accused, a railway employee, before a Sub-Inspector of Railway Police, who after recording the statement, sent the report for investigation to the proper Police Station. The investigation was made by the Assistant Sub-Inspector of Police, who as a result of that investigation, applied for prosecution of the accused under sec. 182 & sec. 211 of the Indian Penal Code. It was then held by the High Court that if the report of the Assistant Sub-Inspector was regarded as a complaint, it was the complaint of somebody who was neither the person to whom the information was given nor of the person to whom he was subordinate.

    11. It is thus obvious that a complaint under sec. 182 of the Penal Code has to be made either by the public servant to whom information has been given, or by some other public servant to whom he is subordinate. The public servant concerned under sec. 195(1)(a) of the Code of Criminal Procedure is the public servant to whom the information is given. In this case, it was the Deputy Inspector General of Police and, therefore, the complaint should have been made by the Dy. I.G.P, Bikaner, or some officer to whom he was subordinate.

    12. In this view of the matter, the reference must be rejected. It will, however, be open to the Dy. Inspector General of Police, if he considers that the case is of sufficient importance to warrant a trial, to make a complaint if he so desires. With these remarks, I reject the reference and order the return of the record.

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    Comments

    The State v. Bala Prasad
    (Jan 22, 1952)