Supreme Court Highlights Key Principles of Section 195 CrPC
In MR Ajayan v. The State of Kerala and Ors., the Supreme Court clarified the principles governing Section 195 of the Code of Criminal Procedure, which imposes conditions for taking cognizance of offenses related to contempt of lawful authority, public justice, and forged documents used in evidence. A bench comprising Justices CT Ravikumar and Sanjay Karol outlined the following key points:
1. Section 195 Cr.P.C. is mandatory in nature.
2. It restricts the general right of individuals and Magistrates to file complaints for specific offenses.
3. It addresses three categories of offenses: (i) contempt of lawful authority, (ii) offenses against public justice, and (iii) offenses involving documents given in evidence.
4. The offenses must directly impact a public servant’s lawful duties or court proceedings affecting the administration of justice.
5. The provision bars cognizance of offenses in specific scenarios unless a court files a complaint.
6. For the bar under Section 195(1)(b) to apply, the offense must occur when the document is in "custodia legis" (court custody).
7. The bar does not apply to document forgery committed before the document’s production in court; it applies only if the offense occurs after its submission in evidence.
8. High Courts can exercise their jurisdiction under Section 195, either on application or suo motu, to serve justice.
9. If a High Court directs a complaint under Section 195(1)(b)(i), the bar on cognizance does not apply.
These principles aim to balance procedural safeguards with ensuring justice.