Section 195(1)(b)(i) CrPC Does Not Bar Prosecution By Investigating Agency For Offence U/s193 IPC Committed During Investigation Stage

The Supreme Court held that the prosecution by the investigating agency for offence punishable under Section 193 IPC [for fabricating false evidence] committed during the stage of investigation will not be barred under Section 195(1)(b)(i) CrPC if the investigating agency has lodged complaint or registered the case prior to commencement of proceedings and production of such evidence before the Trial Court.In such circumstance, the said offences would not be considered an offence committed in, or in relation to, any proceeding in any Court for the purpose of Section 195(1)(b)(i), CrPC, the bench comprising Justices Mohan M. Shantanagoudar and Vineet Saran observed.In this case, the first accused was being investigated in a corruption and disproportionate assets case. During the course of investigation, the second and third accused wrote letter to the Superintendent of Police, CBI/ACUII claiming that the seized currency did not belong to the first accused. They stated in the letter that Accused No. 2 had entered into agreement of sale to purchase properties from Accused No. 3, for which a sum of Rs 80 lakhs was to be paid in advance. That since Accused No. 2 was not available on that date for execution of the written agreement, he had entrusted the seized currency, along with a duplicate copy of the agreement signed by him, to the first accused. Investigation in this regard, revealed that the accused fabricated false deed of agreement for sale for the purpose of being shielded from legal action in the disproportionate assets case. CBI Court framed charges against the accused under Section 120B read with Section 193 of the IPC, in addition to charges under the PC Act already framed against the accused. During the course of trial, the Accused argued that complaint under Section 195(1)(b) CrPC was necessary for prosecuting the case under Section 193, IPC. This contention was rejected by the Trial Court which convicted the accused under Section 13(2) read with Section 13(1)(e) of the PC Act; as well as Sections 120B and 193 of the IPC. The High Court, upholding this order of the Trial Court observed that Sections 195(1)(b)(i) and 340, CrPC will not be applicable in the present case where documents were fabricated during the investigative phase prior to their production during before the Trial Court.The issue raised by the accused-appellant before the Apex Court was whether Section 195(1)(b)(i), CrPC bars lodging of case by the investigating agency under Section 193, IPC, in respect of offence of giving false evidence which is committed at the stage of investigation, prior to production of such evidence before the Trial Court? To answer this, the bench considered these two issues: Whether an offence under Section 193, IPC committed at the stage of investigation, prior to production of the false evidence before the Trial Court by a person who is not yet party to proceedings before the Trial Court, is an offence "in relation to" a proceeding in any court under Section 195(1)(b)(i), CrPC? 6.2 Whether the words "stage of a judicial proceeding" under Explanation 2 to Section 193, IPC can be equated with "proceeding in any court" under Section 195(1)(b)(i), CrPC?The contention of the accused was that there is an absolute bar against taking of cognizance for the offences specified under Section 195(1)(b)(i), CrPC by any means except upon written complaint by the concerned Court even if the offence of giving false evidence under Section 193, IPC was allegedly committed prior to proceedings before a Court of law. According to them, Section 195(1)(b)(i), CrPC cannot be construed as analogous to Section 195(1)(b)(ii) and therefore, the holding of the Constitution Bench in Iqbal Singh Marwah and Another v. Meenakshi Marwah and Another, (2005) 4 SCC 370 will not be applicable to the present case. [In Iqbal Singh Marwah, it was held that Section 195(1)(b)(ii) CrPC would be attracted only when the offences enumerated in the said provision have been committed with respect to a document after it has been produced or given in evidence in a proceeding in any court i.e. during the time when the document was in custodia legis.]The bench, referring to various decisions in this regard, observed thus:"In case the bar under Section 195(1)(b)(i) is applied to offences committed during the course of investigation, the Court may think it fit to wait till the completion of trial to evaluate whether a complaint should be made or not. Subsequently, the Court may be of the opinion that in the larger scheme of things the alleged fabrication of evidence during investigation has not had any material impact on the trial, and decline to initiate prosecution for the same....

Section 195(1)(b)(i) CrPC Does Not Bar Prosecution By Investigating Agency For Offence U/s193 IPC Committed During Investigation Stage

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