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Supreme Court of India 2021-03-12 dismissed

Bhima Razu Prasad vs State, rep. By Deputy Superintendent of Police,

Bench: 2 — Mohan M. Shantanagoudar, Vineet Saran

In Brief

A regional manager of Rashtriya Ispat Nigam Ltd. was prosecuted for disproportionate assets and alleged conspiracy to fabricate false evidence during investigation. The core legal question was whether Section 195(1)(b)(i) of the Criminal Procedure Code bars an investigating agency from prosecuting false evidence offences committed during the investigative stage. The Supreme Court held that the bar does not apply to false evidence fabricated by persons not yet parties to court proceedings, before evidence is produced before the court. The bar only applies to offences with a reasonably close nexus to court proceedings. Since the false evidence here was intended to mislead the investigating officer, not the court, and was detected before trial, the investigating agency could prosecute without first obtaining court approval. The Court dismissed the appeals and upheld the convictions.

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Criminal Procedure Evidence False Evidence Corruption Jurisdiction and Cognizance Statutory Interpretation

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