Prosecutions for false and frivolous or vexatious complaint

Prosecutions for false and frivolous or vexatious complaint 46.

1. (1) Notwithstanding anything contained in this Act, whosoever makes anyfalse and frivolous or vexatious complaint under the Act shall, on conviction, be punished with imprisonment for a term which may extend to two years and fine which may extend to one lakh rupees.
2. (2) No Court, except a Special Court, shall take cognizance of an offence under sub- section (1).
3. (3) No Special Court shall take cognizance of an offence under sub-section
4. (1) except on a complaint made by a person against whom the false, frivolous or vexatious complaint was made or by an officer authorised by the Lokayukta.
5. (4) The prosecution in relation to an offence under sub-section
6. (1) shall be conducted by the public prosecutor and all expenses connected with such prosecution shall be borne by the Government.
7. (5) In case of conviction of a person being an individual or society or association of persons or trust (whether registered or not) for having made a false complaint under this Act, such person shall be liable to pay compensation to the public servant againstwhom he made the false complaint in addition to the legal expenses for contesting the case by such public servant, as the Special Court may determine.
8. (6) Nothing contained in this section shall apply in case of complaints made in good faith. Explanation—For the purpose of this sub-section, the expression "good faith" means any act believed or done by a person in good faith with due care, caution and sense of responsibility or by mistake of fact believing himself justified by law under section 79 of the Indian Penal Code, 1860.