OFFENCES AND PENALTIES

Prosecution for false complaint and payment of compensation, etc., to public servant.

§51

Summary

(1) Notwithstanding anything contained in this Act, whoever makes any false, frivolous or vexatious complaint under this Act,- (a) the Lokayukta may impose penalty upto two lakh rupees: Provided that, before passing any order under this section the Lokayukta shall give an opportunity of being heard to the concerned person; or (b) the Lokayukta may direct to prosecute the complainant and he shall on conviction, be punished with imprisonment for a term which may extend to one year and with fine which may extend to two lakh rupees. (2) No Court, except a Special Court, shall take cognizance of an offence under clause (b) of sub-section (1). (3) No Special Court shall take cognizance of an offence under clause (b) of sub-section (1) except on a complaint made by a person against whom the false, frivolous or vexatious complaint was made or by an officer authorised by the Lokayukta. (4) The prosecution in relation to an offence under clause (b) of sub-section (1) shall be conducted by the public prosecutor and all expenses connected with such prosecution shall be borne by the State Government. (5) In case of conviction of a person (being an individual or society or association of persons or trust (whether registered or not)), for having made a false complaint under this Act, such person shall be liable to pay compensation to the public servant against whom he made the false complaint in addition to the legal expenses for contesting the case by such public servant, as the Special Court may determine. (6) Nothing contained in this section shall apply in case of complaints made in good faith. Explanation.- For the purpose of this sub-section, the expression "good faith" shall have the same meaning as assigned to it in section 52 of the Indian Penal Code (45 of 1860).

(1) Notwithstanding anything contained in this Act, whoever makes any false, frivolous or vexatious complaint under this Act,- (a) the Lokayukta may impose penalty upto two lakh rupees: Provided that, before passing any order under this section the Lokayukta shall give an opportunity of being heard to the concerned person; or (b) the Lokayukta may direct to prosecute the complainant and he shall on conviction, be punished with imprisonment for a term which may extend to one year and with fine which may extend to two lakh rupees. (2) No Court, except a Special Court, shall take cognizance of an offence under clause (b) of sub-section (1). (3) No Special Court shall take cognizance of an offence under clause (b) of sub-section (1) except on a complaint made by a person against whom the false, frivolous or vexatious complaint was made or by an officer authorised by the Lokayukta. (4) The prosecution in relation to an offence under clause (b) of sub-section (1) shall be conducted by the public prosecutor and all expenses connected with such prosecution shall be borne by the State Government. (5) In case of conviction of a person (being an individual or society or association of persons or trust (whether registered or not)), for having made a false complaint under this Act, such person shall be liable to pay compensation to the public servant against whom he made the false complaint in addition to the legal expenses for contesting the case by such public servant, as the Special Court may determine. (6) Nothing contained in this section shall apply in case of complaints made in good faith. Explanation.- For the purpose of this sub-section, the expression "good faith" shall have the same meaning as assigned to it in section 52 of the Indian Penal Code (45 of 1860).

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