[S.162 CrPC] Kerala HC Sets Aside Conviction Of Actor For Allegedly Supplying False Evidence To Police Over Musician Balabhaskar's Death

Actor Soby George has approached the Kerala High Court challenging his conviction under Section 193 IPC in a matter connected to the death of musician Balabhaskar.

The petitioner was convicted under Section 193 IPC (punishment for false evidence) on a complaint submitted by the investigating officer on the allegation that he had provided a false statement to the police officer. The petitioner argued that the Chief Judicial Magistrate overlooked elements which would constitute the offence punishable under Section 193, such as Section 162 CrPC exempting statements given to police from investigation.

A single judge bench of Justice P Somarajan allowed the plea, stating that “the embargo under Section 162 Cr.P.C. clearly reveals that a statement recorded cannot be used for any purpose at any enquiry or trial in respect of any offence except for the purpose of contradiction and to contradict any witness in the manner”

The court emphasised that the main ingredient which would constitute the offence punishable under Section 193 IPC is the tendering or fabrication of false 'evidence' to be used in any stage of a judicial proceeding.

“Fabrication or the materials tendered should be of the character of “evidence” so as to attract Section 193 IPC and that is lacking in the instant case” stated the court.

The court went on to clarify that a statement recorded under Section 161 CrPC would not form part of evidence but merely be an unsigned statement recorded by the investigating officer during the course of the investigation.

As such, the court concluded that it cannot be bought under the purview of evidence. The court also added that Section 162 is merely utilized for the purpose of contradiction in a judicial proceeding unless it falls under the purview of Section 32 of Section 27 of the Evidence Act.

Accordingly, the conviction under Section 193 CrPC was set aside.

Citation: 2024 LiveLaw (Ker) 119

Counsel for Petitioners: Advocates TM Raman Kartha, Revathy MA, Greeshma TG, Sneha Brigit Prince, Manjula Nair, MS Soujath and Syama Mohan

Counsel for Respondents: Advocates Sangeetharaj NR and KP Satheeshan