What is Section 197 IPC? Issuing or signing false certificate
Published on: Lawiz Team
Learn about Section 197 IPC: Issuing or signing false certificate
Official Legal Text
Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence.
What This IPC Section Means – Explained in Simple Words
Section 197 punishes any person who issues or signs a certificate knowing that it is false, when such certificate is legally required.
Purpose
To maintain the authenticity of official certificates and prevent misuse of false certificates.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 3 years, or fine, or both.
Key Elements
Issuing or signing a certificate, knowing it to be false, where the certificate is legally required.
Punishment Details
Simple imprisonment for a term which may extend to two years, or with fine, or with both.
Legal Defenses
If the person can prove they genuinely believed the certificate was true.
Judicial Interpretation
Courts focus on the knowledge of the falsity of the certificate at the time of signing.
Illustration
If a doctor issues a false medical fitness certificate, they can be punished under Section 197.
FAQs
What does Section 197 IPC define?
Issuing or signing false certificate.
Where is Section 197 IPC applicable?
It applies to false evidence, obstruction of justice, and non-cooperation with public authorities.
Why is Section 197 IPC important?
It ensures the integrity of judicial and administrative processes by punishing falsehood and obstruction.
Give an example involving Section 197 IPC.
Examples include giving false statements under oath or preventing summons service.
What punishment is applicable under Section 197 IPC?
Punishment ranges from fines to several years of imprisonment based on offence severity.
Is Section 197 IPC linked to other IPC laws?
Yes, especially with laws governing evidence, court proceedings, and public duties.
How have courts interpreted Section 197 IPC?
Courts stress strict adherence to truth and severe penalties for falsehoods and obstruction.