Rahul Kumar Section 357 of the CrPC has been amended vide State Amendments by the State of Bihar,Madhyapradesh,Rajasthan and Uttarpradesh.These states have made mandatory to compensate Scheduled Castes and Scheduled Tribes u/s 357 CrPC for crime committed against them. All Offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,1989 are cognizable.Accordingly Offences of falsely implicating and producing false evidences against member of Scheduled Castes and Scheduled Tribes i.e. Sections 3(1)(viii),3(1)(ix),3(2)(i) and 3(2)(ii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,1989 will not be considered for compensation u/s 359 CrPC.However,provision of section 359 CrPC is also available u/s 357(1)(a) CrPC. Section 3(1)(viii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,1989 is similar to section 211 IPC,section 3(1)(ix) of the Act is similar to section 182 IPC,Section 3(2)(i) of the Act is similar to section 194 IPC and section 3(2)(ii) of the Act is similar to section 195 IPC. Sections of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,1989 are cognizable whereas sections 182,211,194 and 195 IPC including sections 193 and 196 IPC which also relate to producing false evidences are non-cognizable.What i have stated earlier about procedure of compensation under sections 182 and 211 IPC shall apply accordingly for sections 193,194,195 and 196 IPC. Offences of making false allegations by producing false evidences are committed in many cases by threatening any third person to give false evidence,which is a cognizable offence u/s 195A IPC,against which a witness or any other person may file a complaint before the Magistrate u/s 195A CrPC.False charges against innocent accused involving offences u/s 195A IPC shall be cognizable and in such cases, except section 359 CrPC,accused shall be entitled for compensation under other sections of the CrPC i.e.sections 357 and 357A accordingly.
Rahul Kumar
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