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Supreme Court of India 2025-10-28 allowed

State of Kerala vs Suni @ Sunil

Bench: 2 — Sanjay Kumar, Alok Aradhe

In Brief

This case concerns the procedural classification of the offence under Section 195A IPC (threatening a witness to give false evidence). The question was whether prosecution requires a complaint by the Court under Section 195(1)(b)(i) CrPC, or whether police can register an FIR as the offence is classified as cognizable. The Supreme Court held that Section 195A IPC is a distinct, cognizable offence—unlike Sections 193-196 IPC—and therefore police may register an FIR under Section 154 CrPC or a threatened witness may file a complaint before a Magistrate under Section 195A CrPC. The Court rejected the restrictive interpretation applied by the Kerala and Karnataka High Courts, reasoning that the cognizable classification permits immediate police intervention to protect witnesses, and Section 195A CrPC provides an additional remedy, not an exclusive one.", <parameter name="citations">[]

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Criminal Procedure Evidence Perjury False Evidence Witness Intimidation

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