Private Complaint is the Sole Remedy for the Offence of False Evidence Before a Tribunal : Supreme Court
The Supreme Court in Anil Kumar J. Bavishi v. Mahendra Kumar Jalan held that for offences of giving false evidence before a Tribunal, the sole remedy is filing a private complaint. Sections 195 and 340 of the Code of Criminal Procedure (CrPC) apply only to offences committed before a Court, not a Tribunal.
The appellant challenged a Calcutta High Court order (dated February 5, 2024) that quashed a private complaint, ruling the alleged offences under Sections 193, 199, and 200 of the IPC were committed before a Tribunal, not a Court. The High Court held that private complaints were impermissible for such offences under these circumstances.
The Hon’ble Supreme Court clarified that while offences under Sections 193, 199, and 200 IPC can occur inside or outside a Court, the Tribunal in question (Municipal Building Tribunal) is not defined as a Court under the law. Consequently, the procedure under Section 195 read with Section 340 CrPC does not apply. The Supreme Court affirmed that a private complaint is the appropriate course for offences before a Tribunal.