Criminal Prosecution

Legal Assistance in prosecution side Legal

Rishipal and Partners stands for Justice. We promise to help our clients to get Justice either by appearing from Defense or prosecution side.

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When a crime is committed then we stand from Prosecution side as custodian of Justice. From prosecution side our services include scrutinization of charge sheets prepared by the investigating agency, filing of Protest Petition if the complainant side remained unheard.

We evaluate the evidence in case and make their recommendations for filing revision petitions or appeals against impugned orders and judgments, as well as conduct cases in Courts of Metropolitan Magistrates.

Defamation: The law of defamation protects individual reputation. The law assumes that all people are of good character until the opposite is proved.

Defamation is injury to the reputation of a person. If a person injures the reputation of another he does so at his own risk, as in the case of an interference with the property. A man’s reputation is his property, and if possible, more valuable, than other property.

Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person, is called defamation.

Criminal and Civil Defamation

Criminal Defamation: Criminal defamation is the act of offending or defaming a person by committing a crime or offence. For criminal defamations, you could always get the liable person or party prosecuted. It is studied in IPC as a criminal act.

Civil Defamation: Civil defamation involves no criminal offence, but on account of this kind of defamation, you could sue the person to get a legal compensation for your defamation. It is studied under law of torts i.e. as a civil wrong.

What Does the Victim Need to Prove to Establish Defamation?

The law of defamation varies from state to state, but there are some generally accepted rules. If you believe you are have been "defamed," to prove it you usually have to show there's been a statement that is all of the following:

  • Published
  • False
  • Injurious
  • Unprivileged

Perjury

Perjury has been derived from the Latin term ‘perjurium’. Perjury means “the offence of wilfully telling an untruth or making a misrepresentation under oath.” In other words, any person on being lawfully bound under an oath intentionally or wrongfully makes a false statement.

Why perjury is a crime?

The judicial system is dependent upon truthful testimony of witnesses and experts in both criminal and civil cases. It also includes verbal and written information. With the help of the information so provided the court decides the guilt of the accused. If they do not depose truthfully, there is a high probability of miscarriage of justice. The pillar of democracy shall collapse.

How to file a perjury case in India?

There are two ways to file a perjury case- by way of application or suomotu. The application can be filed by any such person who is not a party to the proceedings in relation to which the offense is committed. The court where such type of application is filed decides whether inquiry is to be conducted or not. With respect to record findings, one has to make a complaint in writing specifying the offence, facts on which it is based and evidence available for proving it. The judge shall sign the complaint himself and send it to First Class Magistrate having jurisdiction.

Sections 191, 192 and 193 of the IPC deal with giving or fabricating false evidence. What amounts to giving false evidence has been defined u/s 191. “The salient features of the former section are as follows:

  • Intentionally making a false statement
  • Declaration by a person who is under a legal obligation to speak the truth.”
  • The giving of false evidence amounts to the practicing of fraud upon the court. Thus, to make a statement of false evidence within the meaning of this section, it must be established that the person was legally bound by an oath or an express provision of law (A) to state the truth, or (B) to make a declaration upon any subject. The offence can be committed even when the plaintiff or the defendant is not legally bound to do so but binds himself by an oath voluntarily. In other words, he enters the witness box voluntarily, and makes an affidavit to make a truthful sentence, but states something false.
  • In the case of Baban Singh v. Jagdish Sitigh 966 SCR (3) 552., the Apex Court held that where a witness swears by a false affidavit in a proceeding before a Court, the offence would fall under Sections 191 and 192 and is liable for punishment under the former sections.