Amendment status not verified — confirm the current text below against the official source.
(1) Notwithstanding anything contained in any other provision of this Act every person who willfully or maliciously makes any false complaint under this Act shall on conviction, be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. (2) No court except a court of session, in the case of a complaint investigated by the Lokayukta or a Court of Magistrate, First Class in the case of complaint investigated by an Up-Lokayukta shall take cognizance of the offence under sub-section (1). (3) No such court shall take cognizance of such offence as aforesaid except on a complaint in writing made by the Public 796 [The Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975] Prosecutor at the direction of the Lokayukta or Up-Lokayukta, as the case may be and the Court of Session may take cognizance of the offence on such complaint without the case being committed to it, anything contained in the Code of Criminal Procedure, 1973, notwithstanding. (4) Such court on conviction of the person making false complaint may award out of the amount of fine to the complainant such amount of compensation as it thinks fit. (5) If at any stage of a proceeding under this Act before the Lokayukta or an Up-Lokayukta it appears to him that any person appearing in such proceeding or any person who filed an affidavit in support of a complaint made under this Act had knowingly or willfully given false evidence or had fabricated false evidence with the intention that such evidence should be used in such proceeding the Lokayukta or Up-Lokayukta, as the case may be, may, if satisfied that it is necessary and expedient in the interest of justice that the person should be tried summarily for giving or fabricating, as the case may be, false evidence, take cognizance of the offence and may, after giving the offender a reasonable opportunity of showing cause why he should not be punished for such offence, try such offender summarily, so far as may be, in accordance with the procedure prescribed for summary trials under the Code of Criminal Procedure, 1973 and sentence him to imprisonment for a term which may extend to six months or to fine which may extend to five thousand rupees or to both. 1[ (5-a) If at any stage of investigation, under this Act, where the Lokayukta or any Up-Lokayukta is satisfied that the complaint is false or vexatious or is not made in good faith or filed in order to defame any public servant, the Lokayukta or Up-Lokayukta, as the case may be after giving a reasonable opportunity of showing cause to the complainant, may in his discretion cease to investigate the complaint and impose cost not exceeding fifty thousand rupees which shall be deposited under the respective head of the consolidated Fund of the State. If the amount of cost is not paid by the complainant within two months from the date of the order if shall be realized as land revenue, through Collector, from the property of complainant. 1(5-b) After the investigation of any allegation made under this Act, if the Lokayukta or the Up-Lokayukta is satisfied that such investigation has resulted in injustice or caused defamation to the concerned public servants, he may on their application, award, compensation recording reasons therefore not exceeding the maximum amount of the cost, out of the cost as imposed on the complainant under sub-section (5-a) to such public servant, who has suffered any loss by reasons of injustice or defamation, and such compensation shall be charged on the Consolidated Fund of the State. ]