AIR 1962 KERALA 133 ::1961 Ker LT 1060 ::1961 Ker LJ 1393 ::ILR (1962) 1 Ker 224

Kerala High Court

Hon'ble Judge(s): S. Velu Pillai, P. Govinda Menon , JJ

Penal Code (45 of 1860) , S.201, S.203, S.182— Scope - S.201 and S.203 contemplate information given to private persons as well as public in servants - First information reports u/S.154, Cri.P.C. are covered by sections but statements made to police during investigation are not covered. Sections 201 and 203, I.P.C., contemplate giving information respecting an offence which the @page-Ker134 accused person knows or believes to be false. For the offence under Sec.201, I.P.C., the false information should also be furnished with the intention of screening the offender from legal punishment. Unlike S.182 of the Penal Code which deals with giving false information to any public servant, Ss.201 and 203 do not refer to whom false information should be given; it would take in private persons as well as public servants, including the police. If any person gives the first information statement to the police even though not voluntarily which is recorded under S.154, Cri. P.C., and if it ultimately turns out to be false it would amount to giving false information and the offender would be punishable under S.201, I.P.C., provided the requisite intention is proved. AIR 1953 SC 131, Foll.(Para 5) But statements given by a person in the course of an investigation by the police cannot amount to an off....