SC Clarifies: Police Can Register FIR for Threatening Witnesses Under Section 195A IPC

SC Clarifies: Police Can Register FIR for Threatening Witnesses Under Section 195A IPC

The Kerala case arose when the Koratty Police registered an FIR under Section 195A IPC after an approver in a murder case was threatened. The Kerala High Court granted bail, holding that the FIR was invalid because the procedure under Section 195(1)(b)(i) CrPC was not followed.

In Karnataka, during a CBI investigation into the Yogesh Goudar murder case, witnesses were threatened and turned hostile. The CBI informed the Magistrate, who took cognizance under Section 195A CrPC. The Karnataka High Court set aside the cognizance and discharge orders, holding that Section 195(1)(b)(i) CrPC had not been followed.

Both matters reached the Supreme Court due to conflicting High Court approaches and a lack of clarity.

Issues Before SC: Does prosecution under Section 195A IPC require a court-initiated complaint under Section 195/340 CrPC, or can it proceed through a police FIR or a private complaint under Section 195A CrPC?

SC Ruled: The Supreme Court held that Section 195A IPC creates a distinct and independent offense, separate from the perjury-related provisions in Sections 193-196 IPC. Since Section 195A IPC is expressly listed as a cognizable offence in the First Schedule to the CrPC, the police are fully empowered to register an FIR and investigate the offence under Sections 154 and 156 CrPC.

The Court clarified that Section 195A CrPC provides an additional remedy by allowing the threatened witness or any other person to file a complaint before a magistrate. This is optional, not mandatory. Therefore, the Apex Court found that both the Kerala and Karnataka High Courts had adopted an incorrect approach in applying Section 195(1)(b)(i) CrPC to Section 195A IPC offences.

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