Supreme Court: Section 195 CrPC bar not applicable when forgery was committed on document before it was given as evidence in court

The Supreme Court in the case Arockiasamy v. The State of Tamil Nadu & Anr was hearing the case involving allegations of forgery, the court reiterated that there is no embargo under Section 195(1)(b)(ii) of Code of Criminal Procedure, CrPC to examine an allegation of forgery of documents filed in Court, when such forgery is committed before its production.

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It has been stated that as per section 195(1)(b)(ii) of the Code of Criminal Procedure, CrPC, a Court can take cognizance of an offence of forgery in relation to a document submitted in evidence in a Court proceeding only on a written complaint of an officer authorized by that Court (where the forged document was being produced).

As per the allegations, the respondents had fraudulently obtained stamp paper and prepared an unregistered sale agreement.

In the present case, the suit has been filed by them seeking certain reliefs and, in the suit, the forged document was filed.