What happans if anyone put False cases/allegations under Domestic Violence act ( 498A).
Lot of the time people who are facing false cases be it IPC 498A, false domestic violence allegations under DV Act, tend to make a demand to lawmakers and political leaders, that a provision of law misuse must be added to so and so Act, e.g. add misuse clause to IPC 498A, or add misuse clause to rape law to punish women making false rape complaints.
Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.
A statement is within the meaning of this section whether it is made verbally or otherwise.
A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.
Section 193: Punishment for false evidence.
Whoever intentionally gives false evidence in any of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Section 196: Using evidence known to be false. Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.
Comments: This is a short and sweet section, which says that using a false evidence knowingly is as good as giving or fabricating false evidence, as far as the law and punishment is concerned.