Source: Allahabad High Court

Why in News?

Recently, the Allahabad High Court in the matter of Vishwanath v. State of U.P and Ors., has held that Section 195 (1) (b) (ii) of the Criminal Procedure Code, 1973 (CrPC) doesn't bar registration of FIR in a case where alleged forgery has been committed in the document outside the Court.

What was the Background of Vishwanath v. State of U.P and Ors. Case?

• A criminal revision has been filed before the High Court of Allahabad by the revisionist for challenging the impugned judgement and order dated 20^th October 2022 passed by the Trial Court.
• By the impugned order, Trial Court has rejected the application of the revisionist filed under Section 156 (3) of CrPC for directing the Station House Officer, Police Station Kotwali, District Basti to register and investigate the criminal case against the opposite party.
• The trial Court has further mentioned the registration of FIR regarding filing of forged documents in a Court proceeding is barred under Section 195 (1) (b) (i) of CrPC.
• Learned counsel for the revisionist submitted that revisionist has filed an application under Section 156 (3) of CrPC alleging that the opposite party had committed forgery and obtained the registered will deed.
• Setting aside the judgment of the Trial Court, the High Court allowed the criminal revision.

What were the Court’s Observations?

• Justice Surendra Singh-I observed that Section 195 (1) (b) CrPC, imposes no bar on registration of a criminal case relating to such forged documents, it merely bars that the Magistrate shall not take cognizance of an offence regarding such forged document unless the Court, in which, forgery has been committed.
• It was further stated that Section 195 (1) (b) (ii) of CrPC doesn't bar registration of FIR in a case where alleged forgery has been committed in the document outside the Court and thereafter, the alleged forged document was filed in judicial proceedings in a case pending in a Court.

What are the Relevant Legal Provisions Involved in it?

Section 195(1)(b) of CrPC

• This Section states that no Court shall take cognizance—

(i) Of any offence punishable under any of the following sections of the Indian Penal Code, 1860 (IPC), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or

(ii) Of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or

(iii) Of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub-clause (i) or sub-clause (ii), except on the complaint in writing of that Court or by such officer of the Court as that Court may authorize in writing in this behalf, or of some other Court to which that Court is subordinate.

• Section 215 of Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with this provision.

Section 156(3) of CrPC

• Section 156(3) of CrPC states that a Magistrate who is empowered to take cognizance under Section 190 of Code may order investigation for the cognizable offence.
• An application under section 156(3) of CrPC discloses the cognizable offence, then it is the duty of the concerned Magistrate to direct registration of the FIR, which is to be investigated by the Investigation Agency, in accordance with law.
• If the information received does not disclose the commission of cognizable offence apparently, but indicates necessity for inquiry, the preliminary inquiry may be conducted in order to ascertain whether the cognizable offence is disclosed or not.
• Any judicial magistrate may order an investigation under Section 156(3) of CrPC before taking notice of the offence.

Forgery

• Section 463 contained in Chapter XVIII of IPC defines the offence of Forgery.
• This Section states that whoever makes any false documents or false electronic record or part of a document or electronic record, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.
• Section 465 of IPC deals with the punishment for forgery and states that whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.