Dear Members, Kindly note the subtle legal distinction between "punishment" and "penalty". Magistrates would not ordinarily view "penalty" as "punishment".
In criminal law (as in RTI law), every important word is defined. In the Indian Penal Code, Chapter 3 clearly specifies the "punishments under this code". Since Krishnaraj was circulating this IPC 217 theory last week (before he was arrested) and nobody on Hum Janenge or Mumbai Intellectuals corrected him, I held my silence. (Also HJ bars me from posting). I sincerely hope (and I say this genuinely) that Krishnaraj and his friends now become masters of Indian Penal Code which is one of the best weapons in our war. Sarbajit --- In [email protected], LESLIE ALMEIDA <lesals2...@...> wrote: > > > Can some knowlageable person or an advocate advise if this could be > applicable to SIC who soft peddly on PIO's on on any Govt servant???? > > IPC Section 217. Pubic servant disobeying direction of Law withIntent to save > person from Punishment > âWhoever, being a public servant, knowingly disobeys any direction of the > law as to the way in which he is conduct himself as such public servant, > intending thereby to save, or knowing it to be likely that he will thereby > save, any person from legal punishment, or subject him to a less punishment > than that to which he is liable⦠shall be punished with imprisonment⦠for > a term which may extend to two years, or with fine, or with both.â > > IPC Section 218. Public servant framing incorrect record or writing with > intent to save person from punishment⦠> âWhoever, being a public servant⦠charged with the preparation of any > record or other writing, frames that record or writing in a manner which he > knows to be incorrect, with intent to cause, or knowing it to be likely that > he will thereby cause, loss or injury to the public or to any person, or with > intent thereby to save, or knowing it to be likely that he will thereby save, > any person from legal punishment⦠shall be punished with imprisonment⦠> for a term which may extend to three years, or with fine, or with both.â > > Rgds > L.Almeida >
