Enforcement Directorate v Kerala Police : Live Updates From Kerala High Court Hearing
ASG Raju : There is no threat to any person, or to reputation or property with the intent to coerce to give false evidence. So prima facie 195A IPC is not made out.
ASG : Promising someone to be made an approver is not a threat. If there is no threat, Section 195A IPC is lodged out.
Justice VG Arun : Will Section 116 come into play?
ASG : I'll come to that. I have a very good answer for Section 116. I'm bound to answer.
ASG : Their case is that it is not a statement under Section 50. If that is the case, second part of Section 192 IPC will not apply. Other parts of Section 192 deal with statements on oath and declaration
ASG : They have not acted on the basis that it is a Section 50 statement.
He reads from the affidavit.
ASG : What is 'false evidence'? That is defined in Section 191 IPC. That is not made out. They are not proceeding on the basis of statement under 50(Sec 50 PMLA). One can understand if it was based on 50.
ASG : Section 192 IPC is not made out. In any case, it is a definition section and not a punishing section. Next offence is Section 193 IPC. First requirement is that someone should give a false statement in a judicial proceeding.
ASG : In the entire FIR, not a statement is made that any false entry has been made, any document containing false statement has been made.
ASG : In the entire FIR, not a statement is made that any false entry has been made, any document containing false statement has been made.