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Section 195 CrPC
Section 195, Code of Criminal Procedure, 1973 places restrictions on courts taking cognizance of certain offences, like forgery, perjury, contempt of lawful authority of public servants, etc.
Purpose: To prevent frivolous or vexatious litigation and to ensure that offences which directly affect the administration of justice are dealt with by the Court itself, not by private individuals.
Key Provision (Relevant Part)
Section 195(1)(b)(ii) CrPC:
No court shall take cognizance of offences like forgery of a document produced or given in evidence in a proceeding before a Court, except on a complaint in writing by that Court or by an officer of the Court authorised by it.
👉 This means:
If someone commits forgery, fabrication of evidence, or conspiracy related to a document used in Court, only the Court concerned can lodge a complaint.
A private party cannot initiate an FIR for such offences.
Judicial Interpretation
1. Sachida Nand Singh v. State of Bihar (1998)
Facts: Private complaint filed for forgery of a document produced in Court.
Held:
If forgery is outside the Court (before document is filed), prosecution can be initiated without Court’s complaint.
But once the document is produced in Court, only the concerned Court can file a complaint under Section 195.
2. Iqbal Singh Marwah v. Meenakshi Marwah (2005, Constitution Bench)
Facts: Issue was whether private individuals can lodge FIR for forgery of documents produced in Court.
Held:
If forgery is before the document is produced in Court, a private complaint/FIR is permissible.
If forgery is committed after the document is filed in Court or in relation to evidence produced in Court, then only the concerned Court can file a complaint (Section 195 applies).
Purpose: Prevent misuse of criminal process to harass opponents in litigation.
3. C. Muniappan v. State of Tamil Nadu (2010)
Reiterated that when forgery/fabrication is committed with respect to documents produced before a Court, private parties cannot file FIR — only the Court has jurisdiction to initiate complaint.
4. Recent SC Observation
The Supreme Court has held that no FIR can be registered by police on the basis of a private complaint for forgery/conspiracy committed in relation to Court proceedings.
Only the concerned Court can initiate action under Section 195 CrPC.
Why this Restriction?
Protects sanctity of judicial proceedings – Prevents multiplicity of cases.
Avoids harassment of litigants – Stops one party from dragging another into criminal litigation unnecessarily.
Ensures judicial control – Since the offence affects the administration of justice, the Court itself should decide whether prosecution is required.
Conclusion
Under Section 195 CrPC, if forgery, fabrication, or conspiracy relates to a document used in Court proceedings, then no FIR can be registered on the basis of a private complaint. Only the Court concerned can file a complaint.
If forgery is done outside and before filing in Court, then FIR/complaint by a private party is maintainable.
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