Abstract

This Research paper deals with the issue of tremendous increase in the institution of false and frivolous cases and claims and the scope of Section 209 of I.P.C in punishing and disciplining the litigants who institute false cases. The National Crime Records Bureau(NCRB) Report 2013, 2016 and 2018 portrays great concern for the nation and upon the public policy. The conviction rate therein represented are gradually very low and the major percentage of accused are acquitted by Courts on the context of false cases or mistake of fact. Section 209 was inculcated within the Indian Penal Code after a recommendation was made by the Law Commission of India who was preparing the said draft. They recommended in there Clause 196 that – there must be provision in the Indian Penal Code for punishing those who institute false cases and make false claims. Therefore, the said clause was transformed and thereby inculcated in the Indian Penal Code as Section 209. The Section 209 of I.P.C act as a hunter used by Courts in disciplining those litigants who intents to waste the time of the Hon’ble Courts and for an undue advantage causes injury to other persons. The main reason for criminalizing false claims and false defenses plead is that the plaintiff as well as the defendant can’t abuse the process of law and prevent the course of justice. Therefore, apart from the eleven fundamental duties enshrined in our Constitution of India, there is one more legal duty which is universally accepted in all countries,i.e, “The legal duty to never institute any frivolous litigation or claims before any Court of law or Adjudicating body” and if such legal duty is breached, the Hon’ble Courts by invoking Section 209 of I.P.C., punish such litigants and dig out the truth.

Keywords