Court complaint not necessary for police to lodge FIR under Section 195A IPC for threat to witness: Supreme Court
Bench clarifies police can investigate and register FIR based on complaint from aggrieved person without court’s written complaint
The Supreme Court has clarified that it is not mandatory for a police FIR to be preceded by a written court complaint to investigate offences under Section 195A of the Indian Penal Code (threatening a witness to give false evidence). A bench of Justices Sanjay Kumar and Alok Aradhe explained that Section 195A IPC is a cognisable offence, and the police are empowered to take action when an aggrieved person approaches them.
The Court noted confusion arising from inconsistencies in the law, where some High Courts had held that only a court’s written complaint could initiate proceedings under Section 195A. The Supreme Court overruled this by observing that such a requirement would impede prompt police intervention to protect witnesses, which is the goal of Section 195A.
The ruling emphasized that the procedure under Section 195(1)(b)(i) and Section 340 CrPC applicable to offences related to court proceedings does not override the police’s power to register FIRs in Section 195A cases.
The judgment clarifies that witnesses or any other persons threatened need not wait for court intervention before seeking police protection, thus strengthening witness safety mechanisms.