قاعدة بيانات التشريعات

إعاقة سير العدالة
  • القطاعات

    • • الموظفون العموميون
  • الجريمة تتضمن

    • • الوعد بمزية غير مستحقة/ عرضها/ تقديمها
  • الغرض

    • • التحريض على الإدلاء بشهادة زور
      • التحريض على الإدلاء بشهادة زور
      • التدخل في ممارسة موظف قضـائي أو موظف معـني بإنفـاذ القـانون لمهامـه الرسمـية
 Chapter XI
 Section 206 - 224

مقالات UNTOC

  • اتفاقية الجريمة المنظمة

  • المادة 23 تجريم عرقلة سير العدالة
  • بروتوكول الاتجار بالأشخاص

  • بروتوكول تهريب المهاجرين

  • بروتوكول الأسلحة النارية

     

    النص الأصلي

    Fraudulently or dishonestly making a false claim in a court of Justice

     

    206

     

    Whoever fraudulently or dishonestly or with intent to injure or annoy any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.

     

    Fraudulently obtaining a decreed or a sum not due

     

    207

     

    Whoever fraudulently obtains a decree or order against any person for a sum not due, or for a larger sum than is due, or for any property or interest in property to which he is not entitled, or fraudulently causes a decree or order to be executed against any person after it has been satisfied, or for anything in respect of which it has been satisfied, or fraudulently suffers or permits any such act to be done in his name, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

     

    False charge of offence made with indent to injure

     

    208

     

    Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both: and if such criminal proceeding be instituted on a false charge of an offence punishable with death.-or imprisonment for seven years or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

     

    Harbouring an offender

     

    209

     

    Whoever an offence has been committed, whoever harbors, conceals, assists, or maintains a person whom he knew or has reason to believe to be the offender, with the intention of screening him from legal punishment. If a capital offence. shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; If punishable with ten years' imprisonment. and if the offence is punishable with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; If punishable with less than ten years' imprisonment. and if the offence is punishable with imprisonment which may extend to one year and not to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both. Exception Tim provision shall not extend to any case in which the harbour or concealment is by the husband or wife of the offender. Illustration A, knowing that B has committed robbery, knowingly conceals B in order to screen him from legal punishment. Here, as B is liable to imprisonment which may extend to ten years, A is liable to imprisonment of either description for a term not exceeding three years, and is also liable to fine.

     

    Taking gratification, &c., to screen an offender from punishment

     

    210

     

    Whoever accepts, or attempts to obtain, or agrees to accept any gratification for himself or any other person, or any restitution of property to himself or any other person in consideration of his concealing an offence, or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment, If capital offence. shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may. extend to seven years, and shall also be liable to fine; If punishable with ten years imprisonment. and if the offence is punishable with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; If punishable with less than ten years' imprisonment. and if the offence is punishable with imprisonment not extending to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both . If punishable with fine. and if the offence is punishable with fine. shall be punished with fine.

     

    Offering gratification or restoration of property in consideration of screening offender.

     

    211

     

    Whoever gives or causes, or offers or agrees to give or cause, any gratification to any person, or to restore or cause the restoration of any property to any person in consideration of that person's concealing an offence, or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment, If a capital offence. shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; If punishable with ten years' imprisonment. and if the offence is punishable with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine; If punishable with less than ten years imprisonment. and if the offence is punishable with imprisonment not extending to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both ; If punishable with fine. and if the offence is punishable with fine, shall be punished with fine. Exception The provisions of sections 210 and 211 do not extend to any case in which the offence may lawfully be compounded.

     

    Taking gratification to help to recover stolen property, &c

     

    212

     

    Whoever takes or agrees or consents to take any gratification under pretence or on account of helping any person to recover any movable property of which he shall have been deprived by any offence punishable under this Code, shall, unless he uses all means in his power to cause the offender to be apprehended and convicted of the offence, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

     

    Harbouring an offender who has escaped from custody or whose apprehension has been ordered

     

     213

     

    Whenever any person convicted of or charged with an offence, being in lawful custody for that offence, escapes from such custody, or whenever a public servant, in the exercise of the lawful powers of such public servant, orders a certain person to be apprehended for an offence, whoever, knowing of such escape or order for apprehension, harbours or conceals that person with the intention of preventing him from being apprehended, shall be punished in the manner following, that is to say, If a capital offence. if the offence for which the person was in custody or is ordered to be apprehended is punishable with death, he shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; If punishable with ten years' imprisonment. if the offence is punishable with imprisonment for a term which may extend to ten years, he shall be punished with imprisonment of either description for a term which may extend to three years, with or without fine; If punishable with less than ten years' imprisonment. and if the offence is punishable with imprisonment which may extend to one year and not to ten years, he shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of the imprisonment provided for such offence, or with fine, or with both. Exception This provision does not extend to the case in which the harbour or concealment is by the husband or wife of the person to be apprehended.

     

    Public officer disobeying a direction of law with intent to save person from punishment or property from forfeiture

     

    214

     

    Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment or subject him to a less punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

     

    Public servant framing an incorrect record or writing with intent to save person from punishment or property from forfeiture

     

    215

     

    Whoever, being a public servant, and being, as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save or knowing that he is likely thereby to save any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

     

    Intentional omission to apprehend on the part of a public servant bound by law to apprehend

     

    216

     

    Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person charged with or liable to be apprehended for an offence, intentionally omits to apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in escaping or attempting to escape, from such confinement, shall be punished as follows, that is to say ;- Punishment. (a) with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement or who ought to have been apprehended was charged with or liable to be apprehended for an offence punishable with death ; or (b) with imprisonment of either description for a term which may extend to three years, with or without fine, if the person in confinement or who ought to have been apprehended was charged with or liable to be apprehended for an offence punishable with imprisonment for a term which may extend to ten years; or (c) with imprisonment of either description for a term which may extend to two years, with or without fine, if the person in confinement or who ought to have been apprehended was charged with or liable to be apprehended for an offence punishable with imprisonment for a term less than ten years.

     

    Intentional omission to apprehend on the part of a public servant bound by law to apprehend person under sentence or lawfully committed

     

    217

     

    Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person under sentence of a Court of Justice for any offence, or if the person was lawfully committed to custody, intentionally omits to apprehend such person, or intentionally suffers such person to escape or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished as follows, that is to say;- Punishment. (a) with imprisonment of either description for a term which may extend to fourteen years, with or without fine, if the person in confinement or who ought to have been apprehended is under sentence of death; or (b) with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement or who ought to have been apprehended is subject, by a sentence of a Court of Justice, or by virtue of a commutation of such sentence, to imprisonment for a term often years or upwards; or (c) with imprisonment of either description for a term which may extend to three years, or with fine, or with both, if the person in confinement, or who ought to have been apprehended, is subject, by a sentence of a Court of Justice, to imprisonment for a term not extending to ten years, or if the person was lawfully committed to custody.

     

     Escape from confinement or custody negligently suffered by a Public servant

     

    218

     

    Whoever, being a public servant, legally bound as such public servant to keep in confinement any person charged with or convicted of any offence or lawfully committed to custody, negligently suffers such person to escape from confinement, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both. Resistance or obstruction by a Person to his lawful apprehension. 219. Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged or for which he has been convicted, or escapes or attempts to escape from any custody in which he is lawfully detained for any such offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Explanation The punishment in this section is in addition to the punishment for which the person to be apprehended or detained in custody was liable for the offence with which he was charged, or of which he was convicted.

     

    Resistance or obstruction to apprehension under a civil Process

     

    219A

     

    Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or of any other person on any civil process issued by any competent Court of Justice, or who escapes or attempts to escape from any custody in which he is lawfully detained on such process, or who rescues or attempts to rescue any other person from any custody in which that person is lawfully detained on such process, shall be guilty of an offence, Punishment. and shall on conviction be liable to a fine not exceeding one hundred rupees, or to simple or rigorous imprisonment for any term not exceeding six months, or to both. Resistane or obstruction to the lawful apprehension of another person.

     

    Punishment

     

    220

     

    Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of any other person for an offence, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained for an offence, shall be punished with imprisonment of either description for a term which may extend to two years or with fine, or with both; or if the person to be apprehended, or the person rescued, or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable-to fine; or if the person to be apprehended or rescued, or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with death, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine ; or if the person to be apprehended or rescued, or attempted to be rescued, is liable, under the sentence of a Court of Justice, or by virtue of a commutation of such a sentence, to imprisonment for a term of ten years or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine ; or if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of death, shall be punished with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine. Resistance, obstruction, escape, or rescue in cases not otherwise provided for. 220A. Whoever, in any case not provided for in sections 219, 219A. 220 or in any other law for the time being in force, intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or of any other person, or escapes or attempts to escape from any custody in which he is lawfully detained, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

     

    Escape from lawful custody

     

    221. Whoever escapes or attempts to escape from any custody in which he is lawfully detained for failing to furnish good security for the peace or good behaviour, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

     

    Violation of condition of remission of punishment

     

    222

     

     Whoever, having accepted any conditional pardon or remission of punishment, knowingly violates any condition on which such remission was granted, shall, if his original sentence is one of death, be punished with imprisonment of either description which may extend to twenty years, and if his original sentence be not one of death, be punished with the punishment to which he was originally sentenced if he has already suffered no part of that punishment, and if he has suffered any part of the punishment, then with so much of that punishment as he has not already suffered.

     

    Intentional insult or interruption of a public servant silting in any stage of a judicial proceeding

     

     223

     

    Whoever intentionally offers any insult or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

     

    Personation of a juror or assessor

     

    224

     

    Whoever, by personation or otherwise, shall intentionally cause or knowingly suffer himself to be returned, empanelled, or sworn as juryman or- assessor in any case in which he knows that he is not entitled by law to be so returned, empanelled, or sworn, or knowing himself to have been so returned, empanelled, or sworn contrary to law, shall voluntarily serve on such jury or as such assessor, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

     
     
     

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