Know why SC allowed private complaint for offence of false evidence before a Tribunal, considering it as the only remedy

Supreme Court: In a criminal appeal against the Calcutta High Court’s decision on an application filed by the accused-respondent under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’), declining to grant relief to the appellant for allowing his private complaint for alleged offences under Section 193, 199 and 200 of the Penal Code, 1860 (‘IPC’) before a Tribunal, on grounds that such a complaint under CrPC can only be made on directions of the Court concerned, the Division Bench of Sudhanshu Dhulia and Ahsanuddin Amanullah, JJ. allowed the appeal and held that the only way out available for the appellant was to file a private complaint. Therefore, the Court set aside the High Court’s decision and directed the Tribunal to entertain the private complaint.

Issue

Whether such a complaint can be made only by orders of the Court as contemplated under Section 195 read with Section 340 of the CrPC or it can also be entertained as a private complaint.

Analysis and Decision

The Court perused Sections 193, 199, and 200 of the IPC and noted that they provide for Punishment for false evidence; False statement made in declaration which is by law receivable as evidence; and using as true such declaration knowing it to be false, respectively.

The Court said that the offences mentioned therein can be committed, either before a Court or at any place as well. The Court pointed out that Section 195 read with Section 340 of the CrPC prescribes a definitive route which has to be mandatorily followed if such an offence is alleged to have been committed before a Court. However, the Court said that if such an offence is committed elsewhere, other than a Court i.e., in any other forum, such as Tribunal, it does not mean that a person is without remedy.

The Court noted that in the present case, the offences were allegedly committed before a Municipal Building Tribunal. The Court noted that in the first round of litigation, the appellant had moved an application that the court may take cognizance of it and filed a complaint under Section 195 read with Section 340 of the CrPC, which the High Court had declined. The Court also noted that in the second round of litigation, the appellant filed a private complaint, on which the cognizance was taken but the accused-respondent invoked the inherent jurisdiction of the High Court under Section 482 of the CrPC. Therein, the High Court concluded that the offences alleged to have been committed were such on which the complaint could have been filed only by the Court’s order.

The Court said that proceedings before a Tribunal are not a Court, hence, the Tribunal is not empowered to entertain an application under Section 195 read with Section 340 of the CrPC. The Court stated that 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. The Court also relied on Iqbal Singh Narang v. Veeran Narang (2012) 2 SCC 60, wherein under similar circumstances it was held that the only solution in such cases for a Tribunal is to entertain a private complaint.

Buy Code of Criminal Procedure, 1973  HERE

Buy Penal Code, 1860   HERE