Procedure in cases mentioned in section 195
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Summary
If a court thinks an offence connected with a proceeding or with a document produced as evidence may have been committed, it may hold a short inquiry and record a finding. Then it can make a written complaint, send it to a first-class Magistrate, take security or remand the accused if non-bailable, and bind witnesses to appear. If the original court neither files nor refuses the complaint, a subordinate court may act. Complaints must be signed by an authorised court officer.
Example
Priya is accused of submitting a forged tenancy agreement as evidence in a civil suit. The trial court holds a short inquiry and records a finding that an offence related to the document may have been committed. The court makes a written complaint, sends it to a first-class Magistrate, takes security for the accused and binds a witness to appear.
Bare Act
Enacted text(1) When upon an application made to it in this behalf or otherwise any Court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause (b) of Sub-Section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,-
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(a) record a finding to that effect;
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(b) make a complaint thereof in writing;
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(c) send it to a Magistrate of the first class having jurisdiction;
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(d) take sufficient security for the appearance for the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do send the accused in custody to such Magistrate; and
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(e) bind over any person to appear and give evidence before such Magistrate.
(2) The power conferred on a Court by Sub-Section (1) in respect of an offence may, in any case where that Court has neither made a complaint under Sub-Section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of Sub-Section (4) of section 195.
(3) A complaint made under this section shall be signed,-
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(a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;
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(b) in any other case, by the presiding officer of the Court or by such officer of the Court as the Court may authorise in writing in this behalf.
(4) In this section, “Court” has the same meaning as in section 195.
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