cause proceedings to
be initiated. It is not limited to false charges made to a
person who-also has.the power to try the accused ... would not be right to read the words or "falsely
charges" as being in any way restricted by the words "insti-
tute
company, fearing him, which he is branding as ex-communication.
23. False charges of rape is not unknown in this Country. In Modis Text ... Medical Jurisprudence and Toxicology, 1972 Edition, the following passage occurs:
False charges.- False charges of rape are not uncommon in India. Occasionally parents may introduce
proceeding or charge.
Instituting or causing to institute false criminal
proceedings resume false charge but false charge may be
prepared even when no criminal proceedings ... proceeding or charge.
Instituting or causing to institute false criminal
proceedings assume false charge but false charge may be
preferred even when no criminal proceedings
causes to be instituted any criminal
proceeding against that person, or falsely charges any
person with having committed an offence, knowing that
there ... prove the
false charge by making deposition in support of the
charge framed in that trial. The words "falsely charges"
have
False charge of or causes to be institute offence made with ed any criminal proceed-
intent to injure. ing against that person,
or falsely charges ... offence described in the first part. It is confined to false charges involving the institution of criminal proceedings and even so only to false charges
institute false criminal proceedings assume false charge but false charge
may be preferred even when no criminal proceedings result. The
expression "falsely charges ... prove the
false charge by making deposition in support of the charge framed in that
trial. The words "falsely charges" have
that of the accused of being unnecessarily harassed and
investigated upon false charges have been found to be correct.
25) An example of the first
The State Of Uttar Pradesh And Others vs Babu Ram Upadhya on 25 November, 1960
refers to falsely charging a person with having
committed an offence. A person falsely charging another of a
cognizable offence before a police officer will ... case is
whether it can be said that when a person falsely charges
another person of a cognizable offence before a Police
Officer and when
renders the
141
proceedings against the appellant in respect of those two
charges without jurisdiction.
The result is that the contention of the appellant that ... back-marketeers in Kanpur to
involve the appellant in false charges and in support of his
plea, Mr. Chari has very strongly relied
