For Offence Of False Evidence In A Tribunal, Only Remedy Is Private Complaint; Route Of S.195/340 CrPC Not Applicable : Supreme Court

The Supreme Court held that for the offence of giving false evidence before a Tribunal, the only remedy is to file a private complaint, as the route of Sections 195 read with Section 340 of the Code of Criminal Procedure (CrPC) is available only for offences committed in a proceeding before a Court(and not a Tribunal).

Facts of the case

As per brief facts, the present SLP challenged the order passed by the Calcutta High Court dated February 5, 2024, whereby the High Court quashed a private complaint on the grounds that the alleged offences were not committed before a Court. It was committed before a Tribunal which is not defined as a Court. 

The complainant(appellant in this case) filed a private complaint made before the Chief Metropolitan Magistrate, Calcutta, alleging offences under Sections 193(punishment for false evidence), 199 (false statement made in declaration which is by law receivable as evidence) and 200 (using as true such declaration knowing it to be false) of the Indian Penal Code against the Respondent be allowed. 

However, Respondent approached the High Court seeking to quash on grounds that for the said alleged offences, a private complaint cannot be filed. The High Court concluded in favour of the Respondent and quashed the complaint.

What did the Supreme Court say?

The Court noted that the offences were allegedly committed before a Tribunal known as Municipal Building Tribunal. It is an admitted fact that this Tribunal is not defined as a Court.

The Supreme Court clarified that the alleged offences could either be committed before a Court or at any other place. However since the alleged offences were committed before a Tribunal, the procedure contemplated under Section 195 read with Section 340 CrPC cannot be followed. Therefore, the only remedy left with the Appellant was to file a private complaint. 

"We have absolutely no doubt in our mind that an offence under Section 193/199/200 can theoretically be committed inside as well as outside a court. It is an admitted case that the proceedings which are taking before the Tribunal is not a Court, as defined under the law. Therefore, it was not empowered to entertain such an application as prescribed under the law under Section 195 read with Section 340 Cr.P.C. The only way such an application can be entertained and that too, for the precise offences of Sections 193, 199 and 200 is through a private complaint and only relating to the offences before the Tribunal."

Reference was made to the decision in Iqbal Singh Narang & Ors. Vs. Veeran Narang reported in (2012) 2 SCC 60 .

Case Details: ANIL KUMAR J. BAVISHI v. MAHENDRA KUMAR JALAN @ M.K. JALAN., SPECIAL LEAVE PETITION (CRL.) NO. 6845 OF 2024]

Citation : 2024 LiveLaw (SC) 1050

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