Legal Question in Administrative Law in India

I am a Government servant. Sometime back, I had some telephonic conversation with my colleague on the misdeeds of a person working under him. I requested my close friend to keep the information confidential. But my close friend passed on the information other than what I spoke with him to the person working under him. My close friend has given one wrong statement in writing to the inquiry committee that I had spoke with him regarding the character of the person. Now, I wanted my close friend to establish the conversation through audio or video recorded evidence before the committee which he is unable to prove. Now, my request is that is there any rule / guidelines in the Indian Penal Code that in case of inquiries in respect of telephonic conversations, audio or video recorded evidence is essential to establish the charge. If so, I pray to quote the rule and the Law reference book in which I can get the same.


Asked on 2/21/14, 6:34 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

21.02.2014

Dear Sir / Madam,

It is for the committee hearing the matter to absolve you from action in the absence of firm evidence. Section 191 of the Indian Penal Code defines evidence as :

191. Giving false evidence.-- Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence. Explanation 1.- A statement is within the meaning of this section whether it is made verbally or otherwise. Explanation 2.- A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.

At most, as your line of defence, you should ask the colleague to swear on oath before the investigation committee that you had spoken to him about the person's character.

Regards,

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Answered on 2/21/14, 7:19 am


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