Action in case of false complaint under THE UTTAR PRADESH LOKAYUKTA AND UP-LOKAYUKTA ACT-1975

THE UTTAR PRADESH LOKAYUKTA AND UP-LOKAYUKTA ACT-1975   SECTION- 13. Action in case of false complaint -  (1) Notwithstanding anything contained in any other provision of this Act every person who willfully or maliciously makes any false complaint under this Act shall, on conviction, be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. (2) No court, except a court of session, in the case of a complaint investigated by the Lokayukta or a Court of Magistrate, First Class in the case of a complaint investigated by an Up-Lokayukta shall take cognizance of the offence under sub-section (1).  (3) No such court shall take cognizance of such offence as aforesaid except on a complaint in writing made by the Public Prosecutor at the direction of the Lokayukta or Up-Lokayukta, as the case may be, and the Court of Session may take cognizance of the offence on such complaint without the case being committed to it, anything contained in the Code of Criminal Procedure, 1973, notwithstanding.  (4) Such court, on conviction of the person making false complaint, may award, out of the amount of fine, to the complainant such amount of compensation as it thinks fit. (5) If at any stage of a proceeding under this Act before the Lokayukta or any Up-Lokayukta it appears to him that any person appearing in such proceeding or any person who filed an affidavit in support of a complaint made under this Act had knowingly or willfully given false evidence or had fabricated false evidence with the intension that such evidence should be used in such proceeding the Lokayukta or Up-Lokayukta, as the case may be, may, if satisfied that it is necessary and expedient in the interest of justice that the person should be tried summarily for giving or fabricating, as the case may be, false evidence, take cognizance of the offence and may, after giving the offender a reasonable opportunity of showing cause why he should not be punished for such offence, try such offender summarily, so far as may be, in accordance with the procedure prescribed for summary trials under the Code of Criminal Procedure, 1973 and sentence him to imprisonment for a term which may extend to six month or to fine which may extend to five thousand rupees or to both. (6) When any such offence as is described in section 175, section 178, section 179 or section 180 of the Indian Penal Code is committed in the view or presence of the Lokayukta or Up-Lokayukta, he may cause the offender to be detained in custody and may, at any time on the same day, take cognizance of the offence and, after giving the offender a reasonable opportunity of showing cause why he should not be punished under this section sentence the offender to simple imprisonment for a term which may extend to one month, or to fine which may extend to five hundred rupees, or to both. (7) In every case tried under sub-section (6), the Lokayukta or Up-Lokayukta, as the case may be, shall record the facts constituting the offence with the statement (if any) made by the offender as well as the finding and the sentence.  (8) Any person convicted on a trial held under sub-section (5) or sub-section (6) may appeal to the High Court, and the provisions of Chapter XXIX of the Code of Criminal Procedure, 1973, shall, so far as they are applicable, apply to appeals under this sub-section, and the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against.  (9) The provisions of sub-sections (5), (6), (7) and (8) shall have effect notwithstanding anything contained in the Code of Criminal Procedure, 1973, but nothing in these sub-sections shall affect the power of the Lokayukta or Up-Lokayukta, as the case may be, to proceed under sub-section (3) in respect of any offence, where it does not choose to proceed under sub-section (5), (6) &(7). (10) Words and expressions used in sub-section (5) to (9) and not defined in this Act shall have the same meanings as in the Code of Criminal Procedure, 1973.