A) Details: Section 209 of the Bangladesh Penal Code is titled “Dishonestly making false claim in court” and defines the offense of making a false claim before a court or a public servant with the intent to cause injury to another person.
B) Punishment: The punishment for the offense under section 209 is imprisonment for a term which may extend to two years, or with fine, or with both.
C) Bailable or Non-bailable: The offense under section 209 is a bailable offense, which means that the accused person can be granted bail.
D) Cognizable or non-cognizable offense: The offense under section 209 is a cognizable offense, which means that the police can arrest the accused person without a warrant.
E) Offence ingredients: The offense under section 209 requires the following ingredients to be met:
- Making a false claim before a court or a public servant
- The false claim is made with the intent to cause injury to another person
F) What Needs to be Proved: In order to prove the offense under section 209, the prosecution must establish that the accused person made a false claim before a court or a public servant with the intent to cause injury to another person.
G) Defence: The accused person can argue that they did not make a false claim or that they did not intend to cause injury to another person.
H) Top Case Laws with details including Facts, Issues before the Court, Judgment:
- State vs. Md. Zahangir Hossain, 69 DLR (AD) 2 (2017): In this case, the accused person was charged with the offense under section 209 for making a false claim in court with the intent to cause injury to another person. The High Court acquitted the accused person, but the Appellate Division upheld the conviction and sentenced him to imprisonment for two years.
H) References: Bangladesh Penal Code, Section 209.