Whether court can take cognizance of offence of giving false evidence punishable under S 193 of IPC on basis of private complaint?

 This Court in M.S. Ahlawat (supra) has clearly held that private complaints are absolutely barred in relation to an offence said to have been committed Under Section 193 Indian Penal Code and that the procedure prescribed Under Section 195 of the Code of Criminal Procedure are mandatory. It was held that:

5. Chapter XI Indian Penal Code deals with "false evidence and offences against public justice" and Section 193 occurring therein provides for punishment for giving or fabricating false evidence in a judicial proceeding. Section 195 of the Code of Criminal Procedure (CrPC) provides that where an act amounts to an offence of contempt of the lawful authority of public servants or to an offence against public justice such as giving false evidence Under Section 193 Indian Penal Code etc. or to an offence relating to documents actually used in a court, private prosecutions are barred absolutely and only the court in relation to which the offence was committed may initiate proceedings. Provisions of Section 195 Code of Criminal Procedure are mandatory and no court has jurisdiction to take cognizance of any of the offences mentioned therein unless there is a complaint in writing as required under that section. It is settled law that every incorrect or false statement does not make it incumbent upon the court to order prosecution, but (sic) to exercise judicial discretion to order prosecution only in the larger interest of the administration of justice.

23. The case in hand squarely falls within the category of cases falling Under Section 195(1)(b)(i) of the Code of Criminal Procedure as the offence is punishable Under Section 193 of the Indian Penal Code. Therefore, the Magistrate has erred in taking cognizance of the offence on the basis of a private complaint. The High Court, in our view, has rightly set aside the order of the Magistrate.

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 211 of 2019

Decided On: 04.02.2019

Narendra Kumar Srivastava Vs.  The State of Bihar and Ors.

Hon'ble Judges/Coram:

A.K. Sikri and S. Abdul Nazeer, JJ.

Citation:(2019) 3 SCC 318

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Whether private complaint U/S 193 of IPC(false evidence in judicial proceeding) is maintainable?

 This Court in M.S. Ahlawat (supra) has clearly held that
private complaints are absolutely barred in relation to an offence
said to have been committed under Section 193 IPC and that the
procedure prescribed under Section 195 of the Cr.P.C. are
mandatory. It was held that:
"5. Chapter XI IPC deals with “false evidence
and offences against public justice” and
Section 193 occurring therein provides for
punishment for giving or fabricating false
evidence in a judicial proceeding. Section

195 of the Criminal Procedure Code (CrPC)
provides that where an act amounts to an
offence of contempt of the lawful authority
of public servants or to an offence against
public justice such as giving false evidence
under Section 193 IPC etc. or to an offence
relating to documents actually used in a
court, private prosecutions are barred
absolutely and only the court in relation to
which the offence was committed may
initiate proceedings. Provisions of Section
195 CrPC are mandatory and no court has
jurisdiction to take cognizance of any of the
offences mentioned therein unless there is a
complaint in writing as required under that
section. It is settled law that every incorrect
or false statement does not make it
incumbent upon the court to order
prosecution, but (sic) to exercise judicial
discretion to order prosecution only in the
larger interest of the administration of
justice.
The case in hand squarely falls within the category of cases
falling under Section 195(1)(b)(i) of the Cr.P.C. as the offence is
punishable under Section 193 of the IPC. Therefore, the
Magistrate has erred in taking cognizance of the offence on the
basis of a private complaint. 

REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 211 OF 2019

SH. NARENDRA KUMAR SRIVASTAVA Vs THE STATE OF BIHAR 

S.ABDUL NAZEER, J.
Dated:February 04, 2019.

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