Supreme Court of India · 1963-09-18
BABU LAL vs STATE OF UTTAR PRADESH AND OTHERS
- Citation / case number
- SC 1962/268
- Court
- Supreme Court of India
- Petitioner
- BABU LAL
- Respondent
- STATE OF UTTAR PRADESH AND OTHERS
- Author
- GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.,SHAHC.,DAYAL, RAGHUBAR
- Bench
- GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.,SHAH, J.C.,DAYAL, RAGHUBAR
Judgment text excerpt
The Supreme Court held that Section 479A of the Code of Criminal Procedure, 1898, does not preclude the court's authority to act under Section 476 for offences under Section 471 of the Indian Penal Code. The court clarified that Section 479A applies only to false evidence and fabrication of evidence in judicial proceedings, and does not cover the use of forged documents as per Section 471 IPC. The appeal was dismissed, affirming the lower courts' decisions to proceed under Section 476 for the prosecution of the appellant for using a forged document.