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Report No. 156

Clause 94

12.38. The existing section 182 deals with the offence of giving false information with an intent to cause public servant to use his lawful power to the injury of another person. Section 211 deals with the offence of making false charge of offence made with intent to injure and it is in two parts. The second part deals with such a false charge of an offence punishable with death, imprisonment for life, etc. and makes it to be, a graver offence punishable with higher sentence.

To some extent the contents of these two provisions overlap. The Law Commission in its 42nd Report rightly noted that the practical importance of this overlapping or conflict lies in the procedural rule with reference to section 195 of the Criminal Procedure Code. The Law Commission also noted that the wording of section 211 "is not as clear and unambiguous as could be desired". Consequently the Law Commission recommended rewording of that section and the new section is to substitute the existing section. The change proposed is an appropriate one.

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