Person making false declaration before sub registrar not guilty of making false statement on oath

Section 181 of I.P.C. provides that a person
legally bound by oath or affirmation to state the truth on any
subject to any Public Servant or other person authorised by
law to administer such oath or affirmation, makes to such
Public Servant or other person any statement which is false,
is liable for punishment as prescribed in the said Section.
6.
In this case, there is nothing to show that the
Notary Ex-officio Sub-Registrar was required to administer
any oath or affirmation to the persons, who made the
declaration
excluding
the
applicant
from
the
heirs
of
Shankar.
7.
Learned Counsel for the applicant submitted
relying on entry no.15 in Appendix 5 of Family Laws of Goa,
Daman and Diu, Volume II that the declarants who made
declaration before the Notary are liable to be prosecuted in
the case of false declaration or statement.
Law, this was permissible.
In Portuguese
However, for prosecuting any
person there has to be specific provision in either Penal Code
or some other law which creates offence and makes it
punishable. Therefore, this entry no.15 in Appendix 5 in the
book titled as Family Laws of Goa, Daman and Diu would not
create an offence or make it punishable in any case.

IN THE HIGH COURT OF BOMBAY AT GOA
CRIMINAL REVISION APPLICATION NO.59 OF 2011
Shri Janardhan Kashinath Pal,

Vs.
Shri Harishchandra Ladu Naik,

CORAM :- R. C. CHAVAN, J.
DATE :- 9th July, 2013
Citation;2013 CRLJ 4082Bombay,Goa Bench

This revision by original complainant is directed
against the revisional order passed by learned Sessions
Judge, North Goa allowing the revision preferred by the
accused whereby the learned Judge quashed and set aside
the complaint filed by the present applicant for the offences
punishable under Sections 181, 463 and 464 read with
Section 34 of I.P.C.
2.
It was the applicant's case that the non-applicants
accused persons as well as the applicant claim through one
Shankar Pal. The applicant claims to be grandson of Shankar.
The accused persons, suppressing existence of the applicant,
made a declaration before the Notary Ex-Officio Sub-
Registrar omitting to show that the applicant is one of the
heirs of Shankar. This declaration was sought to be used by
the accused nos.4 to 6 for applying for getting their names

mutated in the properties.
The applicant, therefore, filed
complaint before learned Judicial Magistrate, First Class,
Bicholim. Learned Magistrate examined the complainant as
well as two other witnesses including the Sub-Registrar and
then proceeded to issue process for the offences punishable
under Sections 181, 463 and 464 read with Section 34 of
I.P.C. by his order dated 12/04/2007.
3.
Aggrieved thereby the accused persons preferred
revision which came to be allowed by an impugned order.
4. I have heard learned Counsel for the applicant.
5. Section 181 of I.P.C. provides that a person
legally bound by oath or affirmation to state the truth on any
subject to any Public Servant or other person authorised by
law to administer such oath or affirmation, makes to such
Public Servant or other person any statement which is false,
is liable for punishment as prescribed in the said Section.
6.
In this case, there is nothing to show that the
Notary Ex-officio Sub-Registrar was required to administer
any oath or affirmation to the persons, who made the
declaration
excluding
the
applicant
from
the
heirs
of
Shankar.
7.
Learned Counsel for the applicant submitted
relying on entry no.15 in Appendix 5 of Family Laws of Goa,
Daman and Diu, Volume II that the declarants who made
declaration before the Notary are liable to be prosecuted in
the case of false declaration or statement.
Law, this was permissible.
In Portuguese
However, for prosecuting any
person there has to be specific provision in either Penal Code
or some other law which creates offence and makes it
punishable. Therefore, this entry no.15 in Appendix 5 in the
book titled as Family Laws of Goa, Daman and Diu would not
create an offence or make it punishable in any case.
This
entry would not result in amounting to Section 181 of I.P.C.
Since in this case, there is nothing to show that the
declaration was required to be made on oath or affirmation
before the Sub-Registrar, it cannot be said that the accused
persons committed the offence punishable under Section 181
of I.P.C.
8.
As far as Sections 463 and 464 of I.P.C. are
concerned, Section 463 makes forgery punishable.
Section

464 defines making of false document. None of the claims of
Section 464 of I.P.C. are attracted to the present case as has
been elaborately discussed by learned Sessions Judge. It is,
therefore, clear that the applicant's attempt to launch
prosecution against the respondent accused, is thoroughly
misconceived
and
the
applicant
would
have
to
file
appropriate penal proceedings for initiating action against
the respondents for their alleged involvement in making false
statement.
9.
The application is, therefore, dismissed by giving
liberty to the applicant to have the course of such other
remedy as may be available to him under Law.
R. C. CHAVAN, J.

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