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Custodia Legis Not Required in Case of Fabrication of Document
In legal disputes involving forged documents, a common question arises: Does the bar under Section 195(1)(b)(ii) of the Code of Criminal Procedure (CrPC), 1973, apply when a document is fabricated before it reaches court? The search query Document Custodio Legis Not Required in Case of Fabrication of Document (noting the correct term is custodia legis, meaning 'in the custody of the law') captures this precisely. Typically, courts have ruled that no, custodia legis is not required if the forgery occurred prior to the document being produced in court. This allows police to investigate cognizable offenses like those under Sections 471, 468, or 465 IPC without a court's complaint.
This blog post breaks down the legal principles, key judgments, and practical implications based on authoritative case law. Note: This is general information for educational purposes and not specific legal advice. Consult a qualified lawyer for your situation, as outcomes depend on facts.
Understanding 'Custodia Legis' and Section 195 CrPC
Custodia legis refers to a document being in the custody or control of the court—after it has been produced or given in evidence during proceedings. Section 195(1)(b)(ii) CrPC bars courts from taking cognizance of certain offenses (e.g., forgery under IPC Sections 463-477A) unless a complaint comes from the court where the document was filed.
The provision states: offenses must be committed in respect of a document after it has been produced or given in evidence in a proceeding in any Court, when the document is in custodia legis. Crucially, if fabrication happens before production, the bar does not apply. Police retain power to register FIRs and investigate cognizable offenses.
- Key Principle: Section 195(1)(b)(ii) Cr.P.C. gets 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 any court and during the time the same was in custodia legis. C. P. Subhash VS Inspector of Police Chennai - 2013 1 Supreme 603
- This prevents misuse while protecting administration of justice.
Landmark Judgments Clarifying the Scope
Indian courts, especially the Supreme Court, have consistently interpreted this narrowly to avoid shielding pre-court forgeries.
Supreme Court in Karnail Singh v. State of Punjab
In this case, a civil suit involved a allegedly forged will. The brother filed a police complaint under IPC Sections 420, 467, 471. The High Court quashed it, but the Full Bench clarified:
- Police have statutory power to investigate cognizable offenses under IPC Sections 471, 475, or 476, despite the cognizance bar under Section 195(1)(b)(ii).
- The amendment deleting certain words from the old CrPC did not widen the scope; it extended benefits to scribes/witnesses connected to documents. Harbans Singh VS State Of Punjab - 1986 Supreme(P&H) 147
The court held the Punjab & Haryana High Court's Division Bench decision was not per incuriam vis-à-vis Gopalakrishna Menon, as it predated that judgment.
Iqbal Singh Marwah and Related Precedents
The Supreme Court in Iqbal Singh Marwah (referenced across results) reinforced: The bar applies only to forgeries during custodia legis. If documents are forged outside court and then filed, private complaints or police FIRs proceed without Section 340 CrPC inquiry.
- Bar contained in Section 195 against taking of cognizance was not attracted... as sale deeds... had not been forged while they were in custodia legis. C. P. Subhash VS Inspector of Police Chennai - 2013 1 Supreme 603
- In another case: The fabrication of a document or impersonation, forgery... would continue to be an offence under Indian Penal Code for an aggrieved private party. SMT. VASANTHI vs SRI. UMESH G. D. - 2024 Supreme(Online)(KAR) 19493
High Courts echo this:
- Punjab & Haryana: Forgery before filing allows investigation. Harbans Singh VS State Of Punjab - 1986 Supreme(P&H) 147
- Allahabad: No bar if forged pre-production. Ashok Gulabrao Bondre VS Vilas Madhukarrao Deshmukh - 2023 Supreme(SC) 1235
Ayodhya Case Insights (M. Siddiq v. Mahant Suresh Das)
Even in high-profile disputes like Ram Janmabhumi-Babri Masjid, courts noted forgery probes must follow procedure, but pre-custodia fabrication escapes the bar. Evidence tampering in custodia legis triggers safeguards, but prior acts do not. M. Siddiq (D) Thr. Lrs. VS Mahant Suresh Das - 2019 8 Supreme 1
Police Powers vs. Court Complaints
For cognizable offenses (e.g., IPC 471 - using forged document as genuine):
- Police Can Investigate: No prior court permission needed if forgery predates court filing. Harbans Singh VS State Of Punjab - 1986 Supreme(P&H) 147 The police has the statutory power to investigate the cognizable offences under Sections 471, 475 or 476 of the Indian Penal Code vis-à-vis the bar under Section 195(1)(b)(ii).
- No Quashing of FIR: High Courts err in quashing FIRs prematurely; investigation determines if forgery occurred pre- or post-custodia. C. P. Subhash VS Inspector of Police Chennai - 2013 1 Supreme 603
- Section 340 CrPC Limited: Applies to in-court fabrication or false evidence, not prior acts. R. Munirathinam VS M. Gajendran - 2021 Supreme(Mad) 2882
Example Scenario:
- Party forges sale deed to claim land, files civil suit.
- Opponent files police complaint.
- FIR valid; no Section 195 bar, as forgery was pre-production. C. P. Subhash VS Inspector of Police Chennai - 2013 1 Supreme 603
Exceptions and Misuse Prevention
Courts warn against broad interpretations:
- Per Incuriam Risk: Decisions ignoring binding SC precedents are void. Harbans Singh VS State Of Punjab - 1986 Supreme(P&H) 147
- Great Misuse Potential: Allowing prosecution only post-filing could let forgers file collusive suits for protection. Kishorebhai Gandubhai Pethani VS State of Gujarat - 2013 Supreme(SC) 899 Provision would also operate where after commission of an act of forgery document is subsequently produced in court is capable of great misuse.
- Civil-Criminal Parallel: Forgery probes continue alongside civil suits; civil findings don't bind criminal courts. N. Natarajan VS Executive Officer, Chitlapakkam Town Panchayat, Kancheepuram District - 2015 Supreme(Mad) 1475
In Bandekar Brothers (cited), offenses under Section 195(1)(b)(i) (false evidence) don't inseparably cover (b)(ii). LATHA RAJANIKANTH W/O SRI. SHIVAJI RAO RAJANIKANTH VS STATE OF KARNATAKA - 2022 Supreme(Kar) 237
Practical Implications for Litigants
- Victims of Forgery: File private complaints or approach police directly if pre-custodia.
- Accused: Challenge via Section 482 CrPC only if bar clearly applies; courts won't prejudge. C. P. Subhash VS Inspector of Police Chennai - 2013 1 Supreme 603
- Civil Courts' Role: Can direct police complaints in forgery findings, using inherent powers under Section 151 CPC. N. Natarajan VS Executive Officer, Chitlapakkam Town Panchayat, Kancheepuram District - 2015 Supreme(Mad) 1475
Recent Echoes:
- No sanction needed for retired officials in fabrication cases. Central Bureau of Investigation VS B. S. Shantakumar S/o Late Subbaraya Shetty - 2017 Supreme(Kar) 900
- Tampering allegations require cogent proof. Preeti Chawla VS Akshay Mehra - 2022 Supreme(Del) 526
Key Takeaways
- Custodia Legis Essential: Bar under Section 195(1)(b)(ii) triggers only for post-production forgeries.
- Police Action Allowed: FIRs for IPC 465/468/471 valid pre-custodia.
- Judicial Consensus: SC and HCs prioritize justice over technical shields.
- Avoid Frivolous Claims: Courts penalize fabricated defenses. Preeti Chawla VS Akshay Mehra - 2022 Supreme(Del) 526
In most cases, document custodia legis is not required for fabrication probes, promoting accountability. Always verify with case specifics.
Disclaimer: Legal outcomes vary by jurisdiction and facts. This post synthesizes judgments like C. P. Subhash VS Inspector of Police Chennai - 2013 1 Supreme 603, Harbans Singh VS State Of Punjab - 1986 Supreme(P&H) 147, Ashok Gulabrao Bondre VS Vilas Madhukarrao Deshmukh - 2023 Supreme(SC) 1235, and others for insight only. Seek professional advice.
Search Results for "Custodia Legis Not Required for Forgery Cases"
1986 0 Supreme(P&H) 147 • India - Punjab and Haryana
I.S.TIWANA, SURINDER SINGH, K.S.TIWANA
new Code of Criminal Procedure (1973) applies only to the offences mentioned in that provision while a document is in custodia legis ... CRIMINAL PROCEDURE CODE - SECTION 195(1)(B)(II) - SCOPE - FORGERY OF DOCUMENT - INVESTIGATION BY POLICE - POWER OF COURT TO TAKE ... The purpose of the amendment was to extend the benefit to the scribe, witnesses etc., who were intimately connected with the document ... B challenges the d....
2013 1 Supreme 603 • India - Supreme Court
T.S.THAKUR, GYAN SUDHA MISRA
for claiming title to the property in question had not been forged while they were in custodia legis. ... for claiming title to the property in question had not been forged while they were in custodia legis- High Court held unjustified ... It was also, wrong for the High Court to hold that the respondents were not the makers of the documents or that the filing of a civil ... Venugopal, was applicable to cases in wh....
2013 0 Supreme(SC) 899 • India - Supreme Court
B.S.CHAUHAN, S.A.BOBDE
forgery document is subsequently produced in court is capable of great misuse - As pointed out in Singh after preparing forged document ... either at instance of private party or police until the court where document has been filed itself chooses to file complaint - Litigation ... himself or through someone set up by him and simply file document in said proceeding - He would thus be protected from prosecution ... That apart, the section which we are required....
2015 0 Supreme(Mad) 1475 • India - Madras
S.NAGAMUTHU
Court and that no decision has been arrived at by the Civil Court as to whether the document is a forged one or not - Many a times ... that the Court simply gives a finding that the document is a forged one and thereafter no further action is taken against the offender ... of Civil Courts to issue a direction to police to register a case of forgery or in appropriate cases to initiate proceedings under ... In other words, the offence should have been committed during t....
2019 8 Supreme 1 • India - Supreme Court
RANJAN GOGOI, S. A. BOBDE, D. Y. CHANDRACHUD, ASHOK BHUSHAN, S. ABDUL NAZEER
– A specific document of dedication may be unavailable after a long lapse of time but use of property for public religious or ... cannot be denied in view of Section 57 – Section 81 of Evidence Act also contemplate for a presumption of genuineness of every document ... and cannot be sold or leased for private gain – Muslim law does not require an express declaration of....
2017 0 Supreme(Kar) 900 • India - Karnataka
RATHNAKALA
The court also emphasized that fabrication of documents to obtain financial benefits did not require a complaint under Section 340 ... of Section 195(1)(b)(ii) of Cr.P.C., and the fabrication of documents to obtain financial benefits. ... for retired public servant - Misreading of Section 195(1)(b)(ii) of Cr.P.C. - Fabrication of docu....
• India - Crimes
T.S.THAKUR, GYAN SUDHA MISRA
It was also, wrong for the High Court to hold that the respondents were not the makers of the documents or that the filing of a civil ... for claiming title to the property in question had not been forged while they were in custodia legis. ... Whether or not the respondents had forged the documents and if so what offence was committed by the respondents was a matter for ... Venugopal, was applicable to cases in which the alleged #HL....
2013 1 Supreme 603 • India - Supreme Court
T.S.THAKUR, GYAN SUDHA MISRA
It was also, wrong for the High Court to hold that the respondents were not the makers of the documents or that the filing of a civil ... for claiming title to the property in question had not been forged while they were in custodia legis. ... Whether or not the respondents had forged the documents and if so what offence was committed by the respondents was a matter for ... Venugopal, was applicable to cases in which the alleged #HL....
2021 0 Supreme(Mad) 2882 • India - Madras
purpose of deciding maintainability and sequitter is, anything contained in this order shall not be construed as an expression on ... private complaint or complaint, same will be dealt with by court/authorities concerned on its own merits and in accordance with law ... merits of allegations - Criminal Original Petition is dismissed. ... In other words, this is not a case of tampering/fabrication custodio legis. .......
2022 0 Supreme(Kar) 237 • India - Karnataka
M. NAGAPRASANNA
not custodia legis, issue would stand covered by judgment rendered in case of Iqbal Singh Marwah (supra). ... Section 463 of IPC though has its mention in Section 195(1)(b)(ii), in light of document forged and created outside when matter was ... - Making a false document - Using evidence known to be false - Punishment for false evidence - Fabricating false evidence - Giving ... i.e., during the time the document wa....
2021 0 Supreme(Mad) 2882 • India - Madras
In other words, this is not a case of tampering/fabrication custodio legis. 15. ... This court notices that it is not a case where the petitioner is not without any remedy. By this order, this court only says that Section 195(1)(b) Cr.P.C. is not attracted as alleged offences have not been committed when the document was custodia legis qua this Court. ... necessary to delve into ....
• India - High Court Of Uttarakhand
is custodia legis (custody of pertaining to agreements to sell, when these in view of law laid down by Hon’ble Apex Court in the case ... No fabrication was done in all these deeds, Fabrication and forgery, if any, regarding those p style="position:absolute;white-space:pre;margin:0;padding:0;top:548pt;left:233pt
2025 Supreme(Online)(Jhk) 4177 • India - High Court of Jharkhand
Criminal Procedure is not attracted in this case; as the same is applicable when false document is created after the document is produced in the Court. ... during the time when the document was in custodia legis. 8. ... Now coming to the facts of the case, the undisputed fact remains that the allegation of commission of offence of forgery for the purpose of cheating was committed before the document came to custodia legis that is b....
2024 Supreme(Online)(KAR) 19493 • India - High Court of Karnataka
MR JUSTICE SURAJ GOVINDARAJ, J
The said decision can, however, only apply to fabrication and or forgery of a document in the Court’s custody and not as regards false or fabricated evidence submitted. ... 12.26 The fabrication of a document or impersonation, forgery or the like would continue to be an offence under Indian Penal Code for an aggrieved private party to take such action as may be required. ... The Hon’ble Apex Court in Iqbal Singh Marwah case has come to a conclusion that it is only ....
2023 0 Supreme(SC) 1235 • India - Supreme Court
B. R. GAVAI, SANJAY KAROL
been produced or filed in evidence during proceedings before any Court, i.e. during the time when the document is custodia legis. ... In other words, the offence should have been committed during the time when the document was in custodia legis. 12. ... The sequitur of the above discussion is that the bar contained in Section 195(1)(b)(ii) of the Code is not applicable to a case where forgery of the document was committed before the document was prod....
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