Legal Provisions of Section 197 of Indian Penal Code, 1860.
Issuing or signing false certificate:
ADVERTISEMENTS:
This section makes issuing or signing of certain kind of false certificate with certain knowledge or belief an offence. The section states that whoever either issues or signs any such certificate as is required to be given or signed by law, or relating to any fact of which such certificate is by law admissible in evidence, with the knowledge or belief that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence.
The section is applicable to issuing or signing of such certificates only which the law requires to be issued or signed, or it relates to any fact of which such certificate is by law admissible in evidence. The knowledge or belief that such certificate is false in any material point is an essential requirement of the offence.
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In Mangtu Ram v. State of Rajasthan, the accused Sarpanch issued a false certificate stating therein that the complainant had died. However, the said certificate was issued on the basis of an earlier certificate issued by the former Sarpanch in which the complainant was shown as dead. The Rajasthan High Court held that it could be said that the accused had issued the certificate in good faith and he was not aware that it was false, and as such the accused was entitled to acquittal.
The Offence under this section is non-cognizable, bailable and non-compoundable, and is triable by court of session, metropolitan magistrate or magistrate of the first class.