Supreme Court of India · 1973-04-25
SANTOKH SINGH vs IZHAR HUSSAIN AND ANR.
- Citation / case number
- SC 1970/60230
- Court
- Supreme Court of India
- Petitioner
- SANTOKH SINGH
- Respondent
- IZHAR HUSSAIN AND ANR.
- Bench
- DUA, I.D.
Judgment text excerpt
The Supreme Court held that for an offence under Section 211 IPC, there must be an intent to cause injury by instituting false criminal proceedings, which was not established in this case. The Court clarified that giving false evidence during a trial may constitute an offence under Section 193 IPC, but does not meet the criteria for Section 211 IPC. The appeal was allowed as the appellant did not institute any criminal proceedings against the respondent, and thus no offence under Section 211 IPC was committed.