Section 211 – False charge of offence made with intent to injure. Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.
And if such criminal proceeding be instituted on a false charge of an offence punishable with death, imprisonment for life or imprisonment for seven years, or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Section 211 deals with two distinct offences: (i) Actually instituting or causing to be instituted a false Criminal Proceeding against a person; (ii) Preferring a false charge against a person for having committed an offence. To constitute an offence under Section 211 the ingredients are (i) The accused instituted or caused to be instituted a criminal proceeding against a person; (ii) He falsely charged a person with having committed an offence; (iii) He did so with intent to cause injury to such person; (iv) He did so knowing that there was no just or lawful ground for such proceeding or charge