172

INDIAN PENAL CODE.

Secs. 204-205.

[M. of lat Class,]

Destruction of document to prevent its

production as evidence.

[Uncog. Bailable.] (Warrant.]

$204. Whoever secretes or destroys any document (29) which he may be lawfully compelled to produce as evidence in a Court of Justice (20), or in any proceeding lawfully held before a public servant (21), as such, or obliterates or renders illegible the whole or any part of such document with the intention of preventing the same from being produced or used as evidence before such Court or public servant as aforesaid, or after he shall have been lawfully summoned or required to produce the same for that purpose, shall be punished with imprisonment of either description (53) for a term which may extend to two years, or with fine, or with both.

Whoever secretes.-A person merely withholding a document, or not producing it on a false pretence, cannot be convicted of the offence of secreting such document specified in this section-Page 64, vol. III, Part I, Government vs. Buldeo, 1863, N. A. N. W. P.

Any document.-Section 175 ante deals with omission to produce a document. See note under that section. Special and local laws. requiring production of documents, and containing penalties for destruction or obliteration of such, are not affected by this section. It is not essential that the document required, and destroyed or obliterated, be material to the point at issue; any document, the production of which can be lawfully required, may be the subject of destruction or obliteration, and if it is so destroyed or obliterated with intent to evade its production before the Court or public servant having power to require its production, it comes under the provisions of this section.

or proceeding in a

suit.

[Ct. of S, or M. of [1st Class.)

*205. Whoever falsely personates another, and in such False personation for assumed character makes any admission or the purpose of any act statement, or confesses judgment, or causes any process to be issued, or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished with imprisonment of either description (53) for a term which may extend to three years, or with fine, or with both.

66

alias"

Falsely personates another.-To constitute false personation under this section, it is not enough to show the assumption of a fictitious name. It must also be shown that the assumed name was used as a means of representing some other known individual. A mere or "incog." is no crime. The gist of the offence in Section 205 is the feigning to be another known person. There are sections of the Penal Code under which the false assumption of appearance or character may be an offence, though no individual is meant to be represented, or only an imaginary person, for instance, 140, 170, 171, and 415; and the last is made applicable to personation of an imaginary person by an express enactment. Reg. vs. Khather Rowtan, &c., Madras Jurist, No. 4, vol. III, p. 147.

To establish a charge under Section 211, Penal Code, it is necessary to show that the accused knew or had reason to believe that an offence had been committed. Under this Section 205 it is criminal to personate an imaginary person. Queen vs. Biltoo Kahar (1 I. J., 123).

Assumed character.—It is necessary to a conviction for false personation under Section 205, Penal Code, that the accused should have assumed the name and character of the person he is charged with having personated. The fact that he presented a petition in Court in the name of that individual-held (under the circumstances of this case) to be insufficient to show any intention of falsely personating such person. 8 W. R., p. 8o. Queen vs. Narain Acharji.

Fraudulent gain or benefit is not an essential element of the offence created by this section, and a conviction is therefore sustainable, even where the personation is with the consent of the party personated. (1 Madras H. Ct. R., 450).

[M. of 1st or 2nd Class.J

*206.

perty to prevent its

[Uncog Bailable.] [Warrant.

Whoever fraudulently (25) removes, conceals, Fraudulent removal transfers, or delivers to any person any or concealment of pro- property or any interest therein, intending seizure as a forfeiture thereby to prevent that property or interest therein from being taken as a forfeiture, or in satisfaction of a fine, under

or in execution of a decree.

a sentence which has been pronounced, or which he knows to be likely to be pronounced, by a Court of Justice (20) or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows likely to be made, by a Court of Justice in

174

INDIAN PENAL CODE.

Secs. 206-207.

a Civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Section 62 ante deals with offences where the Court may award forfeiture. Under Sections 121 and 122 forfeiture of property is compulsory. This section awards a punishment for fraudulently removing or concealing property to prevent its seizure as a forfeiture; it deals also with execution of decrees as well as forfeiture; the offence may be committed by any one, and not necessarily by the owners of the said property.

A person who fraudulently removes property, intending thereby to prevent that property from being taken in execution of a decree made by a Collector, commits an offence, and is punishable under Section 206, P. C., and not under Section 145, Act X of 1859. 10 W. R., p. 47. Gower Chunder Chuckerbutty vs. Kishen Mohun Singh.

[Uncog.

Bailable,] [Warrant.]

*207.

Fraudulent claim to

property to prevent its or in execution of a

seizure as a forfeiture

decree.

[M. of 1st or 2nd Class.]

Whoever fraudulently (25) accepts, receives, or claims any property or any interest therein, knowing that he has no right or rightful claim to such property or interest, or practises any deception touching any right to any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced, by a Court of Justice (20) or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a Civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

This section deals with the receiver, acceptor, or claimer of property to prevent its seizure as a forfeiture. See notes on Sections 62, 122 and

206 ante.

INDIAN PENAL CODE.

175

[M. of 1st Class.]

*208.

Fraudulently suffering a decree for a sum

not due.

[Uncog, Bailable:] Warrant.]

Whoever fraudulently (25) causes or suffers a decree or order to be passed against him. at the suit of any person for a sum not due, or for a larger sum than is due to such person, or for any property or interest in property to which such person is not entitled, or fraudulently causes or suffers a decree or order to be executed against him after it has been satisfied, or for anything in respect of which it has been satisfied, shall be punished with imprisonment of either descriptfon (53) for a term which may extend to two years, or with fine, or with both.

Illustration.

A institutes a suit against Z. Z, knowing that A is likely to obtain a decree against him, fraudulently suffers a judgment to pass against him for a larger amount at the suit of B, who has no just claim against him, in order that B, either on his own account or for the benefit of Z, may share in the proceeds of any sale of Z's property which may be made under A's decrees. Z has committed an offence under this section.

Sections 206 and 207 ante and this section deal with those cases in which parties enter into a collusion to defeat their creditors. These sections have received few, if any, authoritative rulings, and I have been unable to find any light thrown on their provisions by the Law Commissioners' Report. The whole subject herein referred to is fully discussed in Smith's Leading Cases. It will, I think, be more profitable for the student and those administering these sections to refer themselves to the original source, than for me to make mere extracts here which would necessarily have to be very brief on account of want of space and from the nature of this work.

[M. of 1st Class.]

*209.

Dishonestly making

of Justice.

[Uncog. Bailable.] [Warrant.

Whoever fraudulently (25) or dishonestly (24), or with intent to injure (44) or annoy any false claim in a Court person (11) makes in a Court of Justice (20) any claim which he knows to be false, shall be punished with imprisonment of either description (53) for a term which may extend to two years, and shall also be liable to fine.

Fraudulently obtaining a decree for a sum

not due.

(M. of 1st Class.]

210. Whoever fraudulently (25) 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 (53) for a term which may extend to two years, or with fine, or with both.

The offences referred to in this and the four preceding sections refer to frauds committed upon the Courts of Justice. With reference to fraudulent deeds and dispositions of property, where the accused is dealt with as committing such fraud against his creditors, see Section 421-424 post.

[Uncog. Bailable.) (Warrant.

False charge of of fence made with intent

to injure.

[M. of 1st Class.]

*211. Whoever, with intent to cause injury (44) to any person (11), institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence (40), 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

[Uncog

Warraailable.]

[Ct. of S.]

with fine, or with both; and if such criminal proceeding be instituted on a false charge of an offence punishable with death, transportation for life, inprisonment for seven years or upwards, shall be punishable with imprisonment of either description (53) for a term which may extend to seven years, and shall also be liable to fine (or with whipping in addition to, if previously convicted of the same offence, VI. 4.)