Source: Allahabad High Court

Why in News?

Recently, the Allahabad High Court in the matter of Sumit & Anr v. State of UP & Ors., has held that cognizance of the offence under Section 174 A of the Indian Penal Code, 1860 (IPC) can be taken by a Court only based on a written complaint of the court which had initiated proceedings, and the Police have no power to lodge a First Information Report (FIR) in such cases.

What was the Background of Sumit & Anr v. State of UP & Ors. Case?

• In this case, a charge sheet under Sections 395 and 412 of IPC was submitted by the police against the present petitioners.
• The Learned Magistrate also took cognizance on the above charge sheet and thereafter a non-bailable warrant was issued against the petitioners.
• Thereafter, an FIR under Section 174A of IPC was lodged against the petitioners.
• The present petition has been filed by the petitioner challenging the aforesaid FIR.
• Allowing the petition, the High Court quashed the FIR.

What were the Court’s Observations?

• A bench of Justices Anjani Kumar Mishra and Arun Kumar Singh Deshwal observed that the court itself cannot take cognizance of the offence under Section 174A IPC on the basis of police report, then lodging the FIR under Section 174A of IPC is futile. Therefore, proceedings can be initiated only on the basis of a written complaint from the court which initiated proceedings.
• The Court further held that Section 195(1)(a)(i) of the Criminal Procedure Code, 1973 (CrPC) prohibits the taking cognizance of the offence under Section 174A of IPC except on the basis of written complaint, then permitting lodging of an FIR will amount to travesty of justice to the person concerned.

What are the Relevant Legal Provisions Involved in it?
Section 174A of IPC

• This section was introduced in 2005 and criminalizes the non-appearance of proclaimed offenders at the specified place and time.
• It states that whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub-section (1) of section 82 of the Code of Criminal Procedure, 1973 shall be punished with imprisonment for a term which may extend to three years or with fine or with both, and where a declaration has been made under sub-section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.
• In the case of Moti Singh Sirkarwar v. State of UP. & Ors. (2015), the Allahabad High Court held that the offence under Section 174A of IPC is non-cognizable and bailable.
• Section 207 of Bhartiya Nyaya Sanhita, 2023 (BNS) deals with this provision.

Section 395 of IPC

• This Section deals with the punishment for dacoity.
• It states that whoever commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine.
• The offence of dacoity has been defined under Section 391 of IPC, whereas the same has been defined under Section 308 of BNS.
  • It states that when five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit dacoity.

Section 412 of IPC

• This section deals with dishonestly receiving property stolen in the commission of a dacoity.
• It states that whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been transferred by the commission of dacoity, or dishonestly receives from a person, whom he knows or has reason to believe to belong or to have belonged to a gang of dacoits, property which he knows or has reason to believe to have been stolen, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Section 195(1)(a)(i) of CrPC

• This section states that no Court shall take cognizance of any offence punishable under sections 172 to 188 (both inclusive) of the IPC except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate.
• Section 215 of Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with this provision.