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Queen-empress Vs. Nand Kishore - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad High Court
Decided On
Judge
Reported in(1897)ILR19All305
AppellantQueen-empress
RespondentNand Kishore
Excerpt:
.....code), section 218 - offence--public servant framing an incorrect record to save himself from legal punishment. - cantonments act[c.a. no. 41/2006]. section 346 & cantonment fund (servants rules, 1937, rules 13, 14 & 15: [h.l. gokhale, ag. cj, p.v. hardas, naresh h. patil, r.m. borde & r.m. savant, jj] jurisdiction of school tribunal constituted under maharashtra employees of private schools (conditions of service) regulations act, (3 of 1978) held, school run by the cantonment board is a primary school and it is not a school recognised by any such board comparable to the divisional board or the state board. the school tribunal constituted under section 8 of the maharashtra act cannot entertain appeals filed under section 9 by the employees working in schools which are established..........in this case is whether a public servant who does that which, if done to save another from legal punishment, would bring the public servant within section 218 of the indian penal code has committed the offence punishable under that section if the person whom he intends to save from legal punishment is himself. in our opinion there is no reason why it should be an offence for a public servant to make a false record in order to save another person from legal punishment, and why it should not be an offence for him to make a false record to save himself from legal punishment. if the legislature had intended that this section should only apply when the intention was to save some person other than the public servant, it would have been easy to insert the word 'other' between the words.....
Judgment:

John Edge, Kt., C.J. and Blair, J.

1. The simple question in this case is whether a public servant who does that which, if done to save another from legal punishment, would bring the public servant within Section 218 of the Indian Penal Code has committed the offence punishable under that section if the person whom he intends to save from legal punishment is himself. In our opinion there is no reason why it should be an offence for a public servant to make a false record in order to save another person from legal punishment, and why it should not be an offence for him to make a false record to save himself from legal punishment. If the Legislature had intended that this section should only apply when the intention was to save some person other than the public servant, it would have been easy to insert the word 'other' between the words 'any' and 'person.' It appears to us that the appellant, who was a public servant, did not cease to be a person when he made a false entry in his diary for the purpose of saving himself from punishment. Two authorities have been cited to us in this Court. One is that of Queen-Empress v. Gauri Shankar I.L.R. 6 All. 42, and the other that of Queen-Empress v. Girdhari Lal I.L.R. 8 All. 653. In our opinion the appellant committed the offence under Section 218 of the Indian Penal Code. We dismiss his appeal.


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