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CS Professional · Drafting, Pleadings and Appearances · Pleadings

In a civil suit in Pune, Arun objects that the defendant's defence is false to the defendant's knowledge, and the defence is later withdrawn. The court records reasons and awards compensatory costs under Section 35A of the Code of Civil Procedure, 1908. Which statement is correct about the defendant's criminal liability?

The defendant is not exempted from criminal liability merely because compensatory costs were ordered. Section 35A(3) of the Code of Civil Procedure, 1908 says the order does not shield him from criminal liability for the false claim or defence, so a criminal complaint may still be filed.

  1. AThe compensation order exempts him from criminal liability for that defence
  2. BThe compensation order bars any criminal prosecution for ten years
  3. CThe compensation order does not exempt him from criminal liability in respect of that defenceCorrect
  4. DThe compensation order converts the matter into a criminal proceeding automatically

Explanation

Section 35A(3) provides that a person against whom an order is made is not, by reason of it, exempted from any criminal liability in respect of the claim or defence. So a criminal complaint can still follow. Option A states the opposite.

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