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Offenses Against Public Justice

Overview​

Offenses against public justice refer to crimes committed during the course of legal proceedings or in relation to the administration of justice. These offenses undermine the integrity of the judicial system and can lead to miscarriages of justice.

Key Concepts​

Definition of Public Justice​

Public justice refers to the administration of justice through official channels, such as courts and tribunals. It encompasses both civil and criminal matters.

Types of Offenses​

  1. Perjury
  2. Subornation of perjury
  3. Fabricating false evidence
  4. Tampering with documents
  5. Obstruction of justice
  6. Bribery of witnesses
  7. False impersonation
  8. Resisting arrest

Case Laws and Illustrations​

1. Perjury (Section 193, IPC)​

In Rameshwar Prasad v. State of Bihar [AIR 1952 SC 54], the Supreme Court held that perjury can be committed even when the witness testifies falsely under oath.

Illustration: A witness testifies that he saw the accused committing the crime, but later admits that he was mistaken. This constitutes perjury.

2. Subornation of Perjury (Section 195, IPC)​

In State v. Kishan Singh [AIR 1962 SC 1], the Supreme Court ruled that suborning perjury is a serious offense that can lead to imprisonment.

Illustration: A lawyer induces a witness to lie under oath. Both the lawyer and the witness can be charged with subornation of perjury.

3. Fabricating False Evidence (Section 197, IPC)​

In Kartar Singh v. State of Punjab [AIR 1999 SC 302], the Supreme Court emphasized that fabricating false evidence is a grave offense against public justice.

Illustration: A person plants a weapon at the scene of a crime to frame another individual. This act of fabricating false evidence is punishable under Section 197 of the IPC.

4. Tampering with Documents (Section 201, IPC)​

In State v. Balwant Singh [AIR 1980 SC 832], the Supreme Court upheld the conviction of a person who had tampered with crucial documents related to a murder investigation.

Illustration: A police officer alters a confession statement to implicate an innocent person. This act of tampering with documents is illegal and can result in severe penalties.

5. Obstruction of Justice (Section 211, IPC)​

In State v. Rajendra Prasad [AIR 2000 SC 273], the Supreme Court affirmed that obstruction of justice is a serious offense that can lead to imprisonment.

Illustration: A defendant physically prevents a court from functioning by creating a disturbance during trial. This behavior constitutes obstruction of justice.

6. Bribery of Witnesses (Section 317, IPC)​

In State v. Bhagat Ram [AIR 1975 SC 123], the Supreme Court ruled that bribing witnesses is a serious offense against public justice.

Illustration: A party offers money to a witness to testify favorably. This act of bribery can lead to severe consequences for both the briber and the witness.

7. False Impersonation (Section 419, IPC)​

In State v. Suresh Candra [AIR 1994 SC 234], the Supreme Court upheld the conviction of a person who impersonated a public servant to commit fraud.

Illustration: An individual poses as a lawyer to deceive clients and obtain fees. This act of false impersonation is punishable under Section 419 of the IPC.

8. Resisting Arrest (Section 353, IPC)​

In State v. Jagdish Singh [AIR 1997 SC 255], the Supreme Court affirmed that resisting lawful arrest is an offense against public justice.

Illustration: A suspect physically resists police officers attempting to handcuff them. This act of resisting arrest can lead to additional charges and harsher penalties.

Conclusion​

Offenses against public justice are serious violations of the legal process and can have far-reaching consequences for individuals and society as a whole. Understanding these offenses and their implications is crucial for law students and practicing lawyers alike. By familiarizing oneself with the relevant legal sections and case laws, one can better navigate the complexities of criminal law and contribute to maintaining the integrity of the judicial system.

Remember, while this guide provides valuable insights, it is essential to consult with qualified legal professionals for specific advice or representation in any legal matter.