Criminal Screening and Incorrect framing under Penal Code,1860

A necessary discussion of Section 213 and 218 of Penal Code, 1860

                                                                    Shah Mohammad Omer Faruqe Jubaer

This article is exclusively discussing the criminal screening and incorrect framing of evidence under section 213 and 218 of the penal Code, 1860.

Discussion on section: 213

The title of this section is “taking Gift, to screen an offender from punishment”

Legal Directions from Section: If a person accepting or attempting to obtain any gratification or restitution of property (an offender condition of sentence, to repay money) for himself or any other person.

Here the word gratification must be obtained in consideration of:

·        Concealing/Hiding/covering an offense.

·        Screening from legal punishment for an offense.

·        Do not use any legal proceedings against the offender.

Here Screening may involve procedural screening or case screening. So the Screening means, the way of identification that could be won by the prosecution in courts.

This section will apply when persons really guilty are screened. It is the legal duty of a state to punish criminals in line with that no individual has the right to compound a crime for their own interest.

Penal Directions: penal provisions of this section shall apply in terms of grievousness and nature of crime so,  

·        If it involves a capital offense, be punished for a term which may extend to seven years and shall also be liable to fine.

·        If it engrosses a punishment with imprisonment for life or a punishment which may extend to 10 years, shall be punished with either description of which may extend to three years and also liable to fine.

·        If the engaged punishment is not extending 10 years, shall be punished one-fourth of the punishment with the longest term of imprisonment.

General Discussion: It should be noted that, if a person is charged with a criminal offense has a right to disclosure.  Disclosure is the information in the police that may be relied upon in any way to further their prosecution.  But, a person charged has the same right to evidence as the person prosecuting it.  There are some very limited exceptions to what a person is entitled to in disclosure.  Those limits are usually as a result of privilege, complete irrelevancy, or if the material is not in the possession of police for prosecuting the matter. So, screening is not involving any kind of grounds because the person screened or attempted to screen from legal punishment has been guilty of an offense under penal code 1860.  

 Discussion on Section: 218

The title of this section involves “public servants who framing incorrect frames with the intention to save a person from punishment under penal code 1860.

Legal Directions of section 218: it deals with the intentional preparation of a false record with the object of saving any person from punishment or injuring property.

The correctness of records is the highest importance and safety issue to the state as well as for the public. According to the evidence law, public records are public evidence. So, the intention with which the public servant does the act mentioned in the title of this section is an essential ingredient of the offense punishable under section 218 of penal code 1860.

Ingredients of an offense under section 218:

The section 218 has a few essential ingredients

·        The offender must be a public servant.

·        The public servant must prepare public record and writings.

·        The offender must have a clear intention and knowledge to frame that record or writings incorrectly.

·        The public record or writing must cause loss and injuries.

·        The record or writing may save some person from legal proceedings.

·        The record must immune any person from forfeiture or legal liability.

Example: Manipulation of records by the police officer in terms of police diary or other criminal investigation.

Penal Descriptions: the penal provision of this section incorporated with the punishment of either description for a term which may extend three years, or with fine or with both.

Charge: Charge under section 218 of the penal code 1860 is exclusively trial by the sessions Court. But if the trial was without jurisdiction, as soon as the magistrate had framed a charge under section 218 he lost jurisdiction over the trial.