Supreme Court clarifies that offence of threatening witnesses under Section 195A IPC is cognizable - police can directly register FIR without following Section 195(1)(b)(i) CrPC procedure. Witnesses can approach police or file complaint under Section 195A CrPC.
IF SOMEONE THREATENS YOU TO GIVE FALSE TESTIMONY IN COURT, CAN YOU DIRECTLY GO TO THE POLICE TO FILE A CASE, OR MUST YOU FIRST APPROACH THE COURT WHERE THE CASE IS PENDING AND WAIT FOR THE JUDGE TO FILE A COMPLAINT?
YOU CAN DIRECTLY APPROACH THE POLICE TO FILE A CASE. The Supreme Court has clarified that threatening a witness (under Section 195A IPC) is a cognizable offense, meaning the police can immediately register an FIR and investigate without waiting for court permission. This is different from other false evidence offenses that require a formal complaint from the court itself.
FIR Registered: Koratty Police Station registered FIR No. 1062 under Section 195A IPC - approver in murder case threatened to give false evidence
High Court Bail: Kerala High Court granted bail, holding procedure under Section 195(1)(b)(i) CrPC must be followed
Karnataka High Court: Set aside CBI proceedings in similar case, requiring court complaint procedure
Supreme Court Justice: Allowed appeals, clarified police can directly register FIR under Section 195A IPC
| Legal Argument | Basis in Law | Application in Your Case |
|---|---|---|
| Cognizable Offense Status | Section 195A IPC classified cognizable in CrPC Schedule | Police must register FIR immediately without court permission |
| Dual Remedies Available | Section 195A CrPC provides optional complaint procedure | Police FIR and Magistrate complaint are parallel remedies |
| Legislative Intent | Parliament specifically made witness threats cognizable | Requires swift police action for witness protection |
| Practical Necessity | Threats occur outside court, need immediate intervention | Court complaint procedure would cause dangerous delays |
Serious crime where police can arrest without warrant and investigate without court permission.
Less serious crime where police need court permission to investigate and cannot arrest without warrant.
Law that makes threatening a witness to give false evidence a punishable offense (up to 7 years imprisonment).
Formal document prepared by police when they receive information about a cognizable offense.
Procedural law that allows witnesses to directly file complaints before Magistrate for witness intimidation.
"The offence under Section 195A IPC is a cognizable offence and pertains to inducing a person to give false evidence by intimidating him/her with threat of injury... The threat to a witness may be given long before he comes to the Court though the giving of false evidence, under such threat, is in connection with a proceeding before that Court. That is, perhaps, the reason why this offence was made cognizable so that the threatened witness or other person may take immediate steps... Requiring that person to go before the Court concerned... would only cripple and hamper the process."
This landmark judgment empowers every citizen who faces witness intimidation to seek immediate police protection without getting entangled in procedural technicalities. It reaffirms that the justice delivery system must protect those who come forward to speak the truth, and that procedural laws should facilitate justice rather than become obstacles to it.
This content is for informational purposes only and does not constitute legal advice. Consult a qualified legal professional for specific legal guidance. The information provided is based on judicial interpretation and may be subject to changes in law.
Making Supreme Court judgments accessible and actionable for every Indian citizen navigating legal challenges.
This roadmap decodes a complex criminal procedure judgment to help witnesses and victims understand their rights when facing intimidation. It clarifies that witness protection begins with immediate police action, ensuring that truth and justice prevail in our legal system.