This is a very serious offence. Since documentary evidence is tilted against your party it will be a very uphill task to prove him innocent in the court. Apply for AB at first if the FIR has been registered. No comments can be made on the merits of the legal strategy unless the FIR is perused threadbare.
Obtained date of birth certificate with false information
My party son originally born in 2001 and birth was registered .isubsequently by suppressing the said fact obtained an another birth certificate as if he born in 2002. Subsequently on the report of Thasildar FIR was registered against the parents of minor boy under sections 177 & 420 IPC. You are hereby requested to advise how to come over from 420 IPC.
Asked 8 years ago in Criminal Law
Religion: Hindu
14 answers received from multiple lawyers
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14 Answers
1) how can you obtain 2 birth certifcates of son ?
2) parents have committed offence under section 420 of IPC
3) you would not be acquitted
4) if you had hired services of agent blame it on the agent for having committed the fraud
Sir I already obtained AB chargsheet was also filed. Now o filed application for deletion of sec. 420 IPC on the ground that birth certificate does not comes under property and further more giving false information information in birth certificate is only a minor offence under sec. 23 of The registration of births and deaths act, 1969.
Asked 8 years ago
Sir please guide me the legal position on the aspect that birth certificate is not a property and the ingredients of sec 420 were not attracted. Furthermore the false date of birth certificate so far not used for getting any sort of benefits that is school admission, passport etc.
Asked 8 years ago
If there is prima face evidence that the case is misconceived and without any basis then you may file quashing petition.
If the prosecution could not prove that you with a view to cheat any particular person or authority then allegations of cheating would not lie.
NWT vs Marudharan AIR 1975 SC, held that birth certificate is neither a property nor a valuable security.
Since you have filed the application you should await its outcome. A birth certificate is a valuable security, albeit not a property.
If it is proved that birth certificate was forged or obtained by cheating then it is immaterial if any benefits were obtained thereunder or not.
section 25 permits prosecutioon for an offence committed under provisions of the act witht the consent of cjhief registrar
2)you have submitted flase information offence under section 177 of IPC is made out
3) although under section 23 it is minor offence but in your case you have fraudleently obtained 2 birth certifcate with intention to decive the authorities nad hence complaint under section 420 is maintainable
You have dishonestly and fraudulently obtained second birth certificate with intention to decieve the authorities. Deliberately given false information as to date of birth of child
Offence of cheating is made out
Mr shivendar pratap singh has given citation NWT Vs marudharan AIR 1975 SC, but as per my search I could not found the same. Please inform the full name of the parties and page numbers of citation.
Asked 8 years ago
unable to find the citation given by expert Mr shivendra pratap singh
IPC section 177 provides for punishment for furnishing false information with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section 420; shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
He has to defend himself on the merits in his side.
It involve practical situation during trial by strongly countering the prosecution.
What are the documentary evidences does your party possess to defend himself or he relies upon?
Sir I already obtained AB chargsheet was also filed. Now o filed application for deletion of sec. 420 IPC on the ground that birth certificate does not comes under property and further more giving false information information in birth certificate is only a minor offence under sec. 23 of The registration of births and deaths act, 1969.
If you have decided to take a stand to defend your case that way, you may advise party to go for quash by filing petition under section 482 cr.p.c. before high court.
for citations you may take the help of your advocate or some senior advocates.
Mr kalaiselvan, l have asked your team for details of citation of NWT vs Marudharu AIR sc 1975 which the same was given by your panel advocate Mr Shivendar Pratap Singh. But I could not find the judgement copy with the details which your team has given earlier. Hence it is further requested give full details of NWT vs Marudharu AIR Sc 1975 page number and volume number.
Asked 8 years ago
1) i have not cited any judgment in my reply
2) since learned advocate MR shivendra pratap singh has cited judgment you can request him to furnish details of the citation given by him
You have to engage the services of an advocate on his/her terms for this purpose.
The legal experts/lawyers here provide legal opinion/suggestion or advises as per the circumstances of an individual approaching this forum.
You cannot dictate terms on any advocate, if any advocate of this forum is willing to do this service at free of cost, you may aproach that advocate but cannot demand it from everyone of this forum .