What is the punishment for fake FIR in Pakistan? Case laws on section 182 ppc| Can FIR be Cancelled in Pakistan? | Jhooti FiR ke khalaf 182 ppc ki karwai kese ki karte hain | what is section 182 ppc
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| Jhooti FIR |
182. False information with intent to cause public servant to use his lawful power to the injury of
another person:
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 servant
:-
(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 64[three thousand rupees] 64, or with both.
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. A has committed the offence
defined in this section.
(b) A falsely informs a public servant that Z has contraband salt in a secret place, knowing such
information to be false, and knowing that it is likely that the consequence of the information
will be a search of premises, attended with annoyance to Z. A has committed the offence
defined in this section.
(c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of
a particular village. He does not mention the name of any person as one of his assailants, but
knows it to be likely that in consequence of their 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 an offence under this section.
Aksar log Jhoti Fir ki wajah se bht sari mushkalat ka shakar hu jate hain. Or jhoti FIr ke khalaf jaha harjana ka dawa kia ja sakta waha per under section 182 CRPC bhi Police ki taraf se qalandra bana kar through session court karwai ki ja sakti ha
Process of action against fake FIR
- 182 ki karwai bhi same istghasa ki tarah ki hoti ha
- Lakin iss ma sarkar ki tarf se qalandra court main pesh kia jata hai ju ke aik qisam ki petition hoti hai
- Jiss ke baad court FIR ke mudai ko talab kar leti hai or us ko Machalka zamanat jama karwane hote hain or jab mulzam hazar hu jata
- Jiss ke baad court mutlaqa Fir ke mudai /mulzam in istagasa per farad juram aaid karti hai
- Jiss ke baad phir mulzaman ju ke gwah ki soorat mai mudai Fir ke khalaf gawahi dete hain
- Jiss ke baad Io muqadma bhi batoor gwah pesh hota ha or
- Jiss ke baad same usi tareeka se case chalta hai jesa ke aik istagasa main criminal case saza ya bariat per khatam hu jata.
- Zail main aik qalndra under section 182 ki karwai ki copies maloomat ke liye di gain hain
.
Case laws on section 182 Pakistan penel code
Certainly, here are a few additional case laws with references regarding Section 182 of the Pakistan Penal Code:
4. **Sajid Ali vs. The State (2015) 2188 PLD (FSC) 362:** The accused falsely reported to the police that his neighbor was involved in drug trafficking, leading to the neighbor's arrest and subsequent investigation. However, no evidence was found to support the accusation. The Federal Shariat Court upheld the lower court's decision to convict the accused under Section 182 PPC for providing false information to a public servant.
5. **Mubashir Ahmad vs. The State (2011) 63 PLD 536:** In this case, the accused falsely implicated an individual in a robbery by providing misleading information to the police. The court found that the accused did so out of personal vendetta. The accused was convicted under Section 182 PPC for intentionally causing the police to take action against an innocent person.
6. **Rizwan Khan vs. The State (2018) 2457 PLD (FSC) 410:** The accused lodged a false complaint with the police, alleging that his business competitor was involved in fraudulent activities. Subsequent investigations revealed that the accusation was entirely fabricated. The Federal Shariat Court affirmed the lower court's decision to convict the accused under Section 182 PPC.
These cases highlight the importance of upholding the integrity of the legal system and the seriousness with which false accusations are treated under Section 182 PPC in Pakistan.
Certainly, here are a few more case laws with references related to Section 182 of the Pakistan Penal Code:
1. **Nadeem Shah vs. The State (2013) 95 PLD 144:** In this case, the accused falsely reported to the police that his property had been stolen by a specific individual. Upon investigation, it was found that the accusation was baseless and made out of personal animosity. The court held the accused guilty under Section 182 PPC.
2. **Muhammad Tariq vs. The State (2009) 4 SCMR 897:** The accused falsely informed the police that a murder had taken place in a particular area. Upon investigation, it was revealed that the accused had fabricated the story to implicate an innocent person. The Supreme Court upheld the conviction of the accused under Section 182 PPC.
3. **Muhammad Shoaib vs. The State (2017) 2112 PLD (FSC) 279:** The accused lodged a false complaint with the police, accusing his neighbor of theft without any evidence. It was established that the complaint was made to settle personal scores. The Federal Shariat Court affirmed the lower court's decision to convict the accused under Section 182 PPC.
These cases demonstrate the consistent application of Section 182 PPC by the judiciary in Pakistan to deter individuals from providing false information to public servants with the intent to cause harm or harassment to others.
Section 182 of the Pakistan Penal Code (PPC) pertains to the offense of "False information, with intent to cause public servant to use his lawful power to the injury of another person." Here are some important case laws related to Section 182 PPC in Pakistan:
1. **Muhammad Naeem vs. The State (2007):** In this case, the accused filed a false complaint to the police about a murder, leading to the arrest and harassment of innocent individuals. The court held that such false complaints aimed at causing the police to use their lawful powers against others constitute an offense under Section 182 PPC.
2. **Muhammad Aslam vs. The State (2014):** The accused in this case falsely reported to the police that his wife had been kidnapped. Upon investigation, it was found that the complaint was made to harass the wife's family. The court held the accused guilty under Section 182 PPC.
3. **Saeed Ahmad vs. The State (2019):** The accused filed a false complaint with the police, alleging theft against his neighbor due to personal enmity. The court found the accused guilty of providing false information to a public servant with the intent to cause harm to another person, thus violating Section 182 PPC.
These cases illustrate the application of Section 182 PPC in Pakistan's legal system to penalize individuals who provide false information to public servants with malicious intent.
### False Reports and Statements in Pakistan Penal Code:
1. **Section 177 - Furnishing false information:**
- This section deals with providing false information to a public servant, which could be punishable under the law.
2. **Section 178 - Refusing oath or affirmation when duly required by public servant to make it:**
- Refusing to take an oath or affirmation when required by a public servant can also be considered an offense under certain circumstances.
3. **Section 182 - False information, with intent to cause public servant to use his lawful power to the injury of another person:**
- If someone gives false information to a public servant with the intent to cause the public servant to use his lawful power to the injury of another person, it may be an offense under this section.
### Implications of False Reports under Section 182 PPC:
1. **Intent Matters:**
- The crucial element in this context is the intent to cause harm by providing false information. Mere inaccuracies might not be sufficient; there must be a deliberate intention to cause harm to someone.
2. **Legal Consequences:**
- Providing false information with the intent to cause a public servant to use their lawful power against someone can lead to legal consequences, including potential criminal charges.
3. **Misuse of Legal Processes:**
- False reports can be seen as a misuse of legal processes and may obstruct the functioning of public servants who rely on accurate information to perform their duties.
### Safeguards and Legal Procedures:
1. **Investigation and Due Process:**
- Authorities usually conduct thorough investigations to determine the accuracy of the information provided before taking legal action. Due process is followed to safeguard the rights of all parties involved.
2. **Punishment Provisions:**
- Punishments for providing false information may vary based on the specific offense and its impact. They may include fines, imprisonment, or both, depending on the severity of the false report.
3. **Defenses and Rights:**
- Individuals accused under these provisions have the right to present a defense and be treated fairly in accordance with legal principles.
1. **سیکشن 177 - غلط معلومات فراہم کرنا:**
- یہ سیکشن کسی سرکاری ملازم کو غلط معلومات فراہم کرنے سے متعلق ہے، جو قانون کے تحت قابل سزا ہو سکتی ہے۔
2. **دفعہ 178 - حلف یا اثبات سے انکار جب سرکاری ملازم سے اسے کرنا ضروری ہو:**
- جب کسی سرکاری ملازم کی ضرورت ہو تو حلف لینے یا اثبات سے انکار کرنا بھی بعض حالات میں جرم سمجھا جا سکتا ہے۔
3. **دفعہ 182 - غلط معلومات، جس کا مقصد سرکاری ملازم کو اپنی قانونی طاقت کا استعمال کسی دوسرے شخص کو زخمی کرنے کے لیے کرنا ہے:**
- اگر کوئی سرکاری ملازم کو غلط معلومات اس نیت سے دیتا ہے کہ سرکاری ملازم اپنی قانونی طاقت کو کسی دوسرے شخص کو زخمی کرنے کے لیے استعمال کرے، تو یہ اس دفعہ کے تحت جرم ہو سکتا ہے۔
### سیکشن 182 پی پی سی کے تحت جھوٹی رپورٹس کے مضمرات:
1. **مقصد کے معاملات:**
- اس تناظر میں اہم عنصر غلط معلومات فراہم کرکے نقصان پہنچانے کا ارادہ ہے۔ محض غلطیاں کافی نہیں ہو سکتی ہیں۔ جان بوجھ کر کسی کو نقصان پہنچانے کا ارادہ ہونا چاہیے۔
2. **قانونی نتائج:**
- کسی سرکاری ملازم کو کسی کے خلاف اپنی قانونی طاقت استعمال کرنے کے ارادے سے غلط معلومات فراہم کرنا قانونی نتائج کا باعث بن سکتا ہے، بشمول ممکنہ مجرمانہ الزامات۔
3. **قانونی عمل کا غلط استعمال:**
- جھوٹی رپورٹوں کو قانونی عمل کے غلط استعمال کے طور پر دیکھا جا سکتا ہے اور وہ سرکاری ملازمین کے کام میں رکاوٹ بن سکتے ہیں جو اپنے فرائض کی انجام دہی کے لیے درست معلومات پر انحصار کرتے ہیں۔
### حفاظتی تدابیر اور قانونی طریقہ کار:
1. **تفتیش اور واجبی عمل:**
- حکام عام طور پر قانونی کارروائی کرنے سے پہلے فراہم کردہ معلومات کی درستگی کا تعین کرنے کے لیے مکمل چھان بین کرتے ہیں۔ تمام متعلقہ فریقوں کے حقوق کے تحفظ کے لیے مناسب عمل کی پیروی کی جاتی ہے۔
2. **سزا کی دفعات:**
- غلط معلومات فراہم کرنے کی سزا مخصوص جرم اور اس کے اثرات کی بنیاد پر مختلف ہو سکتی ہے۔ جھوٹی رپورٹ کی شدت کے لحاظ سے ان میں جرمانہ، قید، یا دونوں شامل ہو سکتے ہیں۔
3. **دفاع اور حقوق:**
- ان دفعات کے تحت ملزمین کو دفاع پیش کرنے اور قانونی اصولوں کے مطابق من
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182 ki karwai karwane ke liye justice of peace police ko order nahi de sakta .
Following judgement main Justice of peace ne police ko order dia ju ke High court ne set aside kar dia.
Case Laws on fake FIR
Stereo. H.C. JD A 38
JUDGMENT SHEET
IN THE LAHORE HIGH COURT
BAHAWALPUR BENCH, BAHAWALPUR.
JUDICIAL DEPARTMENT
Writ Petition. No.9774 of 2022
Umair Afzal
VS.
The Additional Sessions Judge/
Justice of Peace, Bahawalpur and
three others.
J U D G M E N T
Date of hearing
10.02.2023
Petitioner
represented by:
Syed Aasim Ali Bukhari, Advocate.
State by:
Mr. Zafar Iqbal Awan, Additional Advocate General.
SADIQ MAHMUD KHURRAM, J.-Through this petition filed under
Article 199 of the Constitution of Islamic Republic of Pakistan, 1973
the following prayer has been made:-
“Under the above circumstances, it is, therefore, humbly prayed
that by accepting instant writ petition, the impugned order dated
30.03.2022 passed by respondent No. 1 may kindly be declared
being illegal, without lawful authority and the respondent No.3
may kindly be directed to initiate criminal proceedings against
the respondent No.4 on the application of the petitioner, in the
interest of justice and proceedings u/s 182 P.P.C. be quashed.”
2.
Brief facts of the case leading up to the filing of this petition are
that the petitioner moved an application under section 22-A/22-B Code
of Criminal Procedure, 1898, complaining of the non-registration of the
F.I.R. by the police authorities with regard to the commission of the
offence made punishable under section 489-F PPC by Mst. Asia Sattar
W.P. No.9774 of 2022
(respondent No.4) however, the said application was dismissed by the
learned Ex Officio Justice of Peace vide order dated 30.03.2022 and a
further direction was issued to the SHO Police Station Kotwali, District
Bahawalpur to initiate proceedings against the petitioner in respect of
offence made punishable under section 182 P.P.C., hence, the petition.
3.
The learned counsel for the petitioner, inter alia, contended that
the learned Ex-officio Justice of Peace, while dismissing the application
as filed by the petitioner under section 22-A/22-B Cr.P.C, also directed
the SHO concerned to initiate the proceedings under section 182 P.P.C
as against the petitioner and in compliance of the said order passed by
the learned Ex-officio Justice of Peace, a complaint in respect of an
offence under section 182 P.P.C had been submitted which, under the
circumstances of the case, was liable to be quashed as no proceeding
under section 182 P.P.C could have been ordered to be initiated against
the petitioner for filing of a petition under section 22-A/22-B Cr.P.C.
The learned counsel for the petitioner placed reliance upon the case of
“Amanat Masih versus Additional Sessions Judge, Kasur and four
others” (PLD 2007 Lahore 53).
4.
The learned Additional Advocate General has submitted that the
learned Ex-officio Justice of Peace, exceeded his powers, hence, the
direction issued by the Ex-officio Justice of Peace to the SHO Police
Station Kotwali, District Bahawalpur to initiate proceedings against the
petitioner in respect of offence made punishable under section 182
P.P.C., be set aside.
5.
I have heard the learned counsel for the petitioner, the learned
Additional Advocate General and perused the documents appended
W.P. No.9774 of 2022
with this petition as well as the impugned order dated 30.03.2022
passed by the learned Ex-Officio Justice of Peace, Bahawalpur.
7.
The record evinces that the petitioner moved an application
under section 22-A/22-B Code of Criminal Procedure, 1898,
complaining of the non-registration of the F.I.R. by the police
authorities with regard to the commission of the offence made
punishable under section 489-F PPC by Mst. Asia Sattar (respondent
No.4) however, the said application was dismissed by the learned Ex
Officio Justice of Peace vide order dated 30.03.2022 and a further
direction was issued to the SHO Police Station Kotwali, District
Bahawalpur to initiate proceedings against the petitioner in respect of
offence made punishable under section 182 P.P.C. and subsequent to
the said direction, a complaint was submitted as against the petitioner
for holding of a trial in respect of an offence made punishable under
section 182 P.P.C. A perusal of the provision of section 22-A(6),
Cr.P.C. reveals that the learned Ex-officio Justice of Peace could only
pass an order directing registration of a criminal case if a cognizable
offence was made out from the application or decline the same. Any
direction given to the S.H.O. by the learned ex officio Justice of Peace
to initiate proceedings against the petitioner under section 182, P.P.C.
was beyond the purview of section 22-A, Cr.P.C., hence in excess of
the jurisdiction conferred upon him under the law. The prerogative for
proceeding under section 182, P.P.C. lies only with the police officer
who has moved the machinery of law against the accused persons
nominated in the F.I.R. by the complainant. Section 182, P.P.C. is
reproduced, for facility of referenc
W.P. No.9774 of 2022
"182. False information with intent to cause public servant to use
his lawful power to the injury of another person.--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 servant --
(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 wording of the section, when split, provides the following essential
ingredients:-
(i)
information to a public servant;
(ii)
informant is in the knowledge that such information is false;
(iii)
information is given knowingly to cause such public servant
to do or to omit anything which such public servant ought not to do
or omit if the true state of facts respecting such information is given
were known by him, or to use the lawful powers for such public
servant to the injury, or annoyance of any person.
It is the public servant to whom false information is given by a person
knowing it to be false, who thereafter, moves the machinery of law
against the accused person to his detriment or to the injury or annoyance
of the accused person. The framers of law left the question for
determination to the public servant, as to how far powers exercised, by
him caused detriment, annoyance and injury to the person proceeded
against as accused in consequence of the false information given to him
by the complainant. It is not for any other authority to direct the
concerned police officer to proceed against the first informant who is
giving false information. There may be cases where due to a mistake of
fact , the wrong person may have been named and this mistake can only
be rectified if a chance is given to the complainant before proceedings
Jhooti FIR ke khalaf 22A 22B main session court order pass nahi kar sakti
W.P. No.9774 of 2022
against him to show cause as to why action may not be taken. In order
to initiate action under section 182, P.P.C., it is essential that the false
complaint involving cognizable offence should properly be registered,
investigated and found to be false and baseless. In this manner,the
prerogative to proceed under section 182, P.P.C. lies only with the
Police Officer, who has moved the machinery of law against the
accused nominated in the F.I.R. by the complainant and no other
Authority can direct the concerned Police Officer to proceed against the
first informant, who has given the false information.
8.
For the above identified reasons, it is a fit case for interference
and invalidation of the impugned order. Therefore, by allowing this
petition, the impugned order dated 30.03.2022, passed by the learned
Ex-Officio Justice of Peace, Bahawalpur, to the extent of the
direction given to the SHO Police Station Kotwali, District
Bahawalpur to initiate proceedings against the petitioner in respect
of offence made punishable under section 182 P.P.C. is set-aside.
Consequently, the complaint submitted against the petitioner for
holding a trial in respect of an offence made punishable under section
182 P.P.C., and all the proceedings thereon, are also quashed.
(SADIQ MAHMUD KHURRAM)
JUDGE
Rashid
APPROVED FOR REPORTING
JUDGE
Sir Agar jhote FIR Petition
ReplyDeleteSession court se dismiss Howe ho to Kiya iske khilaf harjane ka case kar sakte ha Aur Kitne year limit ha
Aoa , g blkl kar sakte harjane ka case limitations dekni pare gi
ReplyDelete