Threatening A Person To Withdraw FIR/Complaint Or Settle Dispute Will Not Attract Offence Under Section 195A IPC : Supreme Court

The Supreme Court observed that threatening a person to withdraw a complaint or FIR or settle the dispute would not attract Section 195A of the Indian Penal Code. The later part of Section 195A makes it very clear that false evidence means false evidence before the Court of law, the bench of Justices B R Gavai and J B Pardiwala observed.In this case, the allegation in FIR is that the accused persons threatened and pressurised the first informant to withdraw her first FIR registered for the offences punishable under Sections 376D, 323, 120B, 354A and 452 resply of the IPC. The petition filed by the accused before the High Court of Allahabad seeking quashing of FIR was dismissed.In appeal, the Apex Court noted that if any individual is threatened with any injury to his person, reputation or property and such threats are administered with intent to cause that person to give false evidence, the same would constitute an offence under Section 195A of the IPC.However, it said that there is nothing to indicate that the accused persons threatened the first informant with intent that the first informant gives false evidence before the Court of law. "The later part of Section 195A makes it very clear that false evidence means false evidence before the Court of law. On such false evidence if a person is convicted and sentenced, then the person found guilty of administering threats would be liable to be punished with the same punishment and sentence in the same manner and to the same extent as such innocent person is punished and sentenced. The word “false” in Section 195A should be read in the context with what has been explained in Section 191 of the IPC which falls in Chapter XI – of False Evidence and Offences Against Public Justice. Thus, even if we believe the allegations levelled in the FIR to be true, none of the ingredients to constitute the offence punishable under Section 195A are disclosed. To give threat to a person to withdraw a complaint or FIR or settle the dispute would not attract Section 195A of the IPC.", the court added.The court also noted that there is nothing to indicate that there was actual delivery of possession of property (money) by the person put in fear. In the absence of anything to even remotely suggest that the first informant parted with a particular amount after being put to fear of any injury, no offence under Section 386 of the IPC can be said to have been made out, it said. Referring to Section 386 IPC, it said:"One of the necessary ingredients of the offence of extortion is that the victim must be induced to deliver to any person any property or valuable security, etc. That is to say, the delivery of the property must be with consent which has been obtained by putting the person in fear of any injury. In contrast to theft, in extortion there is an element of consent, of course, obtained by putting the victim in fear of injury. In extortion, the will of the victim has to be overpowered by putting him or her in fear of injury. Forcibly taking any property will not come under this definition. It has to be shown that the person was induced to part with the property by putting him in fear of injury."The court then proceeded to quash the criminal proceedings against the accused.Salib @ Shalu @ Salim vs State of U P | 2023 LiveLaw (SC) 618 | 2023 INSC 687Indian Penal Code, 1860 ; Section 195A - To give threat to a person to withdraw a complaint or FIR or settle the dispute would not attract Section 195A - False evidence means false evidence before the Court of law. On such false evidence if a person is convicted and sentenced, then the person found guilty of administering threats would be liable to be punished with the same punishment and sentence in the same manner and to the same extent as such innocent person is punished and sentenced. The word “false” in Section 195A should be read in the context with what has been explained in Section 191 of the IPC which falls in Chapter XI – of False Evidence and Offences Against Public Justice. (Para 16)Indian Penal Code, 1860 ; Section 386 - The victim must be induced to deliver to any person any property or valuable security, etc. That is to say, the delivery of the property must be with consent which has been obtained by putting the person in fear of any injury. In contrast to theft, in extortion there is an element of consent, of course, obtained by putting the victim in fear of injury. In extortion, the will of the victim has to be overpowered by putting him or her in fear of injury. Forcibly taking any property will not come under this definition. It has to be shown that the person was induced to part with the property by putting him in fear of injury. (Para 22)Code of Criminal Procedure, 1973 ; Section 482 - Whenever an accused comes before the Court invoking either the inherent powers under Section 482 of the Code of Criminal Procedure (CrPC) or extraordinary jurisdiction under Article 226 of the Constitution to get the FIR or the...

Threatening A Person To Withdraw FIR/Complaint Or Settle Dispute Will Not Attract Offence Under Section 195A IPC : Supreme Court

Ashok KM

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