AI Overview...
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Police Registration of Cases for Threatening Witness - The police are empowered to register offenses under Section 195A of the Indian Penal Code (IPC) when a witness is threatened to give false evidence. Courts have upheld that threats to witnesses, including threats to give false testimony, constitute cognizable offenses warranting police registration and investigation Mukesh Soni vs The State Of Madhya Pradesh - Madhya Pradesh, Namita Mahanta Sarkar VS State of West Bengal - Calcutta, Seetha Lakshmi vs State, Rep. by The Deputy/Assistant Superintendent of Police, Sivagangai District - Madras.
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Legal Framework and Procedures - Under Section 154 of the Cr.P.C., police are mandated to register FIRs upon receiving information about cognizable offenses, including threats to witnesses. However, there are procedural debates regarding registration under Section 195A, with courts emphasizing that such registration must follow proper legal procedures and cannot be arbitrary Neput Rajiyung@ Action Dimasa@ Miput Rajiyung S/o. Depon Rajitung VS State Of Assam - Gauhati, Seetha Lakshmi vs The Deputy And Assistant Sup - Madras, SUNI @ SUNIL vs STATE OF KERALA - Kerala.
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Court Rulings on Threatening Witnesses - Courts have consistently held that threatening witnesses is a serious offense justifying police action. In some cases, threats have been linked to offenses like murder or criminal conspiracy, leading courts to quash proceedings if improper registration or procedural violations are found, but generally affirming the police's authority to register cases under Section 195A for witness threats State Through CBI VS T. Gangi Reddy Yerra Gangi Reddy - Andhra Pradesh, Narsinhbhai Nakatiyabhai Vasava VS State of Gujarat - Gujarat.
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Jurisdiction and Validity of Registration - The validity of cases registered under Section 195A depends on adherence to legal procedures. Courts have invalidated registrations where procedures were not followed, but have also recognized the police’s jurisdiction to register such cases when threats are substantiated and properly documented SUNI @ SUNIL vs STATE OF KERALA - Kerala.
Analysis and Conclusion:
Police can register cases under Section 195A IPC when witnesses are threatened to give false evidence, and such threats are cognizable offenses. Proper procedural adherence is essential; courts have upheld police authority to act in such matters but emphasize that registration should follow legal protocols. Threatening witnesses is a serious offense, and police action under Section 195A is justified when threats are substantiated, ensuring the integrity of judicial proceedings.
References:
- Mukesh Soni vs The State Of Madhya Pradesh - Madhya Pradesh
- Neput Rajiyung@ Action Dimasa@ Miput Rajiyung S/o. Depon Rajitung VS State Of Assam - Gauhati
- State Through CBI VS T. Gangi Reddy Yerra Gangi Reddy - Andhra Pradesh
- N. SOMASHEKAR VS STATE OF KARNATAKA - Karnataka
- Khurshid Ahmed VS State of Jammu & Kashmir - Supreme Court
- Seetha Lakshmi vs The Deputy And Assistant Sup - Madras
- Narsinhbhai Nakatiyabhai Vasava VS State of Gujarat - Gujarat
- Namita Mahanta Sarkar VS State of West Bengal - Calcutta
- SUNI @ SUNIL vs STATE OF KERALA - Kerala
- Seetha Lakshmi vs State, Rep. by The Deputy/Assistant Superintendent of Police, Sivagangai District - Madras
Search Results for "Police can Register for for Threatening Witness"
2024 Supreme(Online)(MP) 53247 • India - High Court of Madhya Pradesh
SHRI JUSTICE PRAMOD KUMAR AGRAWAL
The court also found that the police could register an offense under Section 195A of the IPC along with the other sections. ... The court also found that the police could register an offense under Section 195A of the IPC along with the other sections. ... Fact of the Case: The applicant was accused of threatening a complainant to give false evidence in a case. ... It is submitted that in this case applicant has threatened the prosecutrix and there is also one eye witness Ranjeet Singh....
2022 0 Supreme(Gau) 771 • India - Gauhati
station, he is bound to register same and investigate same as per mandate of Section 154 Cr.P.C. ... and taken away ammunitions – When information regarding commission of a cognizable offence is given to an officer in charge of a police ... shall have power to register and investigate when a cognizable offence is made out however, at same time when only commission of ... abduction and threatening etc. similar to the pleadings made in Petition No. 619/2022. ... The learned Sessions Judge could not have directed the Superi....
2022 0 Supreme(AP) 147 • India - Andhra Pradesh
CHEEKATI MANAVENDRANATH ROY
- Therefore in said of case as evidence produced to substantiate that accused are interfering with course of investigation and threatening ... is available in this case to substantiate version of prosecution that A-1 has been interfering with course of investigation or threatening ... U/G Police Station in Crime - Subsequently a case under Section 302 read with Section 120-B of IPC was registered. ... Court alleging that he is threatening him to give false statement and got the same forwarded to police ....
1991 0 Supreme(Kar) 504 • India - Karnataka
N.Y.HANUMANTHAPPA
Criminal Procedure Code 1973 - Sections 437 and 439 Indian Penal Code, 1860 - Section 302 - Bail- A Deputy Commissioner of Police ... - First Bail application to sessions Judge refused on ground of his threats to I.O. - Wild allegations against Commissioner of Police ... and also to the Commissioner of Police, Bangalore City; ... (iv) The ... Even earlier to register the case against the petitioner, he developed a guilty consciousness and dcsparately started threatening each and every witness#....
2018 5 Supreme 302 • India - Supreme Court
N.V.RAMANA, S.ABDUL NAZEER
witness. ... (a) FIR – Informant receiving severe head injury – Going to doctor’s clinic and then to police station – Not disclosing entire sequence ... – PW9 key witness – Father of deceased – His evidence, if inspiring confidence, cannot be brushed aside on ground of being interested ... PW5-Riyaz Ahmed also while proving the receipt of dead body of the deceased, deposed that 20-25 days after the death of deceased, police seized a register from the shop of deceased, to which he was the witne....
2024 Supreme(Online)(Mad) 78615 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
Unknown, J
witnesses to give false evidence - The court held that the police had jurisdiction to register the FIR as the ingredients of the ... Children from Sexual Offences Act, 2012 - Section 16 - Criminal Revision Petition challenging the charge sheet for offences of threatening ... offence under Section 195A IPC were made out - The petitioner’s actions of threatening the victim children were sufficient to constitute ... Therefore, the Police did not have jurisdiction at all to register a case....
2020 0 Supreme(Guj) 275 • India - Gujarat
A.P.THAKER
Bombay Police Act - Section 135 - Criminal Procedure Code, 1973 - Section 374 - Indian Penal Code - Section ... When they were returning, the appellant and Karansinh and deceased accused took away the victim, by threatening to kill on the edge ... left for sell wood brought from Forest with others - When they were returning appellant and deceased accused took away victim by threatening ... PW-15, Ashokbhai Hiralal Sonvane, Exh.70, has stated in his evidence that he was working as police inspector in Sagbara Pol....
• India - Calcutta
SHIB SADHAN SADHU
CRIMINAL PROCEDURE CODE - SECTION 195 - SECTION 482 - QUASHING OF PROCEEDINGS - THREATENING WITNESS - SECTION 195A IPC - PROCEDURE ... Fact of the Case: The petitioner was charged with murder, criminal conspiracy, and threatening a witness under various ... Whether the police can register a case under Section 195A of the IPC without following the procedure prescribed under Section 195 ... That witness Sagari Halder also signed the seizure list. After polic....
• India - High Court of Kerala
A. BADHARUDEEN, J
(A) Code of Criminal Procedure, 1973 - Section 439 - Bail application filed for the sole accused in a crime of threatening a witness ... Court finds cognizance for the same by police to be bad in law, yet allows bail under strict conditions to prevent witness tampering ... Court clarifies that the registration of crimes under Section 195 A IPC by the police is invalid as it must be pursued under Section ... Threatening any person to give false evidence. ... Section 195 A of Cr.P.C. pro....
2024 0 Supreme(Mad) 2519 • India - BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
D. BHARATHA CHAKRAVARTHY
to give false evidence in cognizable cases - Court held that the police can register a case under Section 195A even without a prior ... 1989 - The Indian Penal Code - Sections 195A, 201, 508(1) - Protection of Children from Sexual Offences Act, 2012 - Offence of threatening ... 1, 10, 29) ... ... Facts of the case: ... The petitioner faced charges of threatening ... Therefore, the Police did not have jurisdiction at all to register a case and investigate the matter. The Court below ....
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