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Section 195A as FIR - Main Points and Insights:
An FIR can be filed under Section 195A IPC if the offence involves false evidence or statements made before a court or public servant, typically related to false claims of marriage or related offences. Several cases confirm that FIRs under Section 195A are permissible when the facts constitute an offence under this section, and the registration is supported by the facts of the case ABDUL RAZACK Vs THE STATE OF KERALA - Kerala, Seetha Lakshmi vs The Deputy And Assistant Sup - Madras, Rahul Yadav VS State - Delhi, Neput Rajiyung@ Action Dimasa@ Miput Rajiyung S/o. Depon Rajitung VS State Of Assam - Gauhati.
However, the law emphasizes that cognizance of offences under Section 195A can only be taken based on a written complaint, not a suo-motu FIR, unless the specific procedural requirements are met ABDUL RAZACK Vs THE STATE OF KERALA - Kerala, Rahul Yadav VS State - Delhi.
The applicability of Section 195A is subject to strict procedural compliance; for example, some judgments clarify that a mere FIR under Section 195A without proper compliance or when the offence does not meet the criteria may be challenged or set aside KUMARA vs STATE BY KARNATAKA - Karnataka, Neput Rajiyung@ Action Dimasa@ Miput Rajiyung S/o. Depon Rajitung VS State Of Assam - Gauhati.
Certain judgments highlight that offences under Section 195A cannot be prosecuted solely on an FIR unless the offence's ingredients are satisfied and the procedure for filing a complaint is followed Seetha Lakshmi vs The Deputy And Assistant Sup - Madras, Shivam @ Shyamsundar Sharma VS State of M. P. - Madhya Pradesh.
Analysis and Conclusion:
While Section 195A IPC can be invoked via FIR in cases where the offence's elements are satisfied, it is generally required that a complaint (not just an FIR) be filed in accordance with legal provisions. The courts have held that for offences under Section 195A, cognizance can only be taken on a proper written complaint, making the filing of an FIR permissible but subject to procedural constraints.
Courts have also emphasized that improper or unsupported FIRs under Section 195A may be challenged and possibly quashed if procedural requirements are not met or if the offence is not made out Neput Rajiyung@ Action Dimasa@ Miput Rajiyung S/o. Depon Rajitung VS State Of Assam - Gauhati, KUMARA vs STATE BY KARNATAKA - Karnataka.
Therefore, Section 195A can be filed as an FIR only if the offence's criteria are met and procedural requirements, including complaint filing, are adhered to. The FIR serves as a starting point, but the prosecution's initiation depends on compliance with the law's procedural safeguards.

References: - ABDUL RAZACK Vs THE STATE OF KERALA - Kerala - Pratap Singh VS State of Haryana - Supreme Court - Seetha Lakshmi vs The Deputy And Assistant Sup - Madras - Rahul Yadav VS State - Delhi - Bharat Devji Doru VS State Of Gujarat - Gujarat - Aijaz Ahmed @ Mohd. Sharfuddin, S/o. Mohd. Qutubuddin VS Union of India, Rep. by Secretary of Ministry for Home Affairs - Andhra Pradesh - Shivam @ Shyamsundar Sharma VS State of M. P. - Madhya Pradesh - SAMKIT JAIN & ORS. Vs. STATE NCT OF DELHI AND ANR - Delhi - Neput Rajiyung@ Action Dimasa@ Miput Rajiyung S/o. Depon Rajitung VS State Of Assam - Gauhati - KUMARA vs STATE BY KARNATAKA - Karnataka

Search Results for "Can Section 195a be Filed as Fir"

2019 Supreme(Online)(KER) 23906 • India - High Court of Kerala

B.SUDHEENDRA KUMAR, J

An FIR was filed against him under Section 195A IPC based on a petition from an investigating officer, which led to further judicial ... Ratio Decidendi: The court emphasized that for offences under Section 195A IPC, cognizance can only be taken on a written ... Criminal Law - Cognizance - IPC & Cr.P.C - Sections 195A, 195(1)(b), 340(1) - Court held that proceedings against the accused ... It is clear from the provisions of Section....

2014 0 Supreme(SC) 1335 • India - Supreme Court

RANJAN GOGOI, ROHINTON FALI NARIMAN

by the appellant under Section 239 Cr.P.C. in FIR No. 656/2011 under Sections 384, 420, 467, 195A and 376 IPC read with Sections ... Code of Criminal Procedure, 1973 – Section 239 –Penal Code, 1860 –Sections 384, 420, 467, 195A and 376 – ... to notice, at this stage, that the appellant is the first informant in the aforesaid FIR which was initially filed under Sections ... The challenge herein is ....

Seetha Lakshmi vs The Deputy And Assistant Sup

2024 Supreme(Online)(Mad) 78615 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS

Unknown, J

of Section 195A - The bar under Section 195(1)(b) does not apply to the offence under Section 195A of IPC. ... were sufficient to constitute an offence under Section 195A - The language of Section 195(1)(b)(i) does not bar the application ... as the ingredients of the offence under Section 195A IPC were made out - The petitioner’s actions of threatening the victim children ... The learned Counsel would submit that ....

2018 0 Supreme(Del) 43 • India - Delhi

MUKTA GUPTA

in the FIR constituted an offence punishable under Section 195A IPC. ... Issues: The issues revolved around the registration of FIR for offences under Section 195A/506 IPC, the applicability of Section ... under Section 195A IPC was not made out. ... the Cr.P.C. by introducing Section 195A mandates that only a complaint could be filed for the said offence, thus no FIR#....

2024 0 Supreme(Guj) 1612 • India - Gujarat

GITA GOPI

Sections 397, 401 - The court emphasized that bail once granted should not be cancelled without cogent reasons, highlighting the ... Finding of the Court: The court found that the cancellation of bail was not justified as the second FIR ... Saiyed, submitted that the provision is made under section 195A of IPC; instead on 26.03.2022 another F.I.R. has been filed under sections 324 and 506(2) of IPC. Advocate Mr. ... The present revision application has been #HL_START....

Aijaz Ahmed @ Mohd. Sharfuddin, S/o. Mohd. Qutubuddin VS Union of India, Rep. by Secretary of Ministry for Home Affairs

2018 0 Supreme(AP) 252 • India - Andhra Pradesh

V.RAMASUBRAMANIAN, J.UMA DEVI

Constitution of India, article 226 – code of criminal procedure 1973, section 160, 161 – Indian penal code, section 120B, 195, 195A ... a private complaint under section 200 CrPC against respondent 7 to 14 which despite the orders of the additional Chief Metropolitan ... , 506 r/w 34 - Writ petition is filed against Station house Officer respondent 6 – Writ against failure to file a FIR against respondent ... under Section 156(3) Cr.P.C., the 6th respondent failed to ....

Shivam @ Shyamsundar Sharma VS State of M. P.

2023 0 Supreme(MP) 219 • India - Madhya Pradesh

DEEPAK KUMAR AGARWAL

IPC on basis of FIR -- not sustainable in eyes of law -- order set aside -- only private complaint can be filed under aforesaid section ... Criminal P.C. 1973 -- S. 195A -- Penal Code, 1860 -- Ss. 195A/34 and 506 -- charges framed u/s. 195A of ... This criminal revision under section 397 read with section 401 of Cr.P.C. has been filed by the applicants against the order of framing of charges dated 5.12.2022 passed by 8th Additional ....

SAMKIT JAIN & ORS. Vs. STATE NCT OF DELHI AND ANR

2024 Supreme(Online)(DEL) 384 • India - High Court of Delhi

MR. JUSTICE SUBRAMONIUM PRASAD, J

(A) Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 380, 411, 120-B, 34, 498A, 406, 323, 308, ... 195A - Quashing of FIRs - Petitions filed for quashing FIRs related to matrimonial disputes - Settlement reached between parties ... (Paras 4-7) ... ... Facts of the case: ... The petitions were filed by the husband for quashing ... CRL.M.C. 4888/2024 has been filed under Section 482 Cr.P.C for quashing of FIR No.14....

Neput Rajiyung@ Action Dimasa@ Miput Rajiyung S/o. Depon Rajitung VS State Of Assam

2022 0 Supreme(Gau) 771 • India - Gauhati

And Section 195A CrPC as discussed. Result: Petition allowed. ... Indian Penal Code, 1860 - Section 195A, 420, 467, 460 – Criminal Procedure Code, 1973 - Section195, A, ( ... P.C. affect power of police to investigate a cognizable offence - In case in hand, FIR registered is only under 195A IPC and learned ... , including section 195A IPC. ... Registration of FIR is barred under the said provision in as, much as given the provision....

2025 Supreme(Online)(Kar) 19540 • India - Karnataka High Court

S VISHWAJITH SHETTY, J

(A) Code of Criminal Procedure, 1973 - Section 439 - Bail Application - The petitioner sought bail in a case involving serious allegations ... 195A, 506, 507 read with Section 34 of the Indian Penal Code, 1860 (for short 'IPC') is before this Court in this successive bail application filed under Section 439 of the a href="./.. ... (ii) The petitioner is directed to be enlarged on bail in Crime No.115/2022 registered by Pandavapura Police Station, Mandya, for the offences punishable under Se....

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