"High Court Clarifies 'Not Every Acquittal Leads to Automatic Presumption of False Evidence'; Dismisses Petition"

In a significant judgment, the Punjab and Haryana High Court on September 4, 2023, clarified the scope of proceedings under Section 195 of the Indian Penal Code (IPC) and Section 195 of the Code of Criminal Procedure (Cr.P.C.). The Court held that "not every acquittal leads to an automatic presumption of false evidence," thereby dismissing a petition that sought to overturn the lower court's decisions.

Justice Jasjit Singh Bedi adjudicated the case where the petitioner, Zile Singh, alleged that the respondents knowingly provided false evidence against him in a previous FIR, leading to his prosecution. He had been acquitted in the initial case and subsequently filed a complaint under Section 195 IPC against the respondents.

The petition aimed to quash the decisions of both the Judicial Magistrate Ist Class, Hisar, and the Additional Sessions Judge, Hisar, which had dismissed the petitioner's complaint.

In the judgment, Justice Jasjit Singh Bedi opined, "A perusal of Section 195 Cr.P.C. would show that where false evidence is given in Court then, proceedings can be initiated only on the basis of a complaint in writing by that Court or of some other Court to which that Court is subordinate. No proceeding can be maintained at the instance of a private individual even though he may be the person aggrieved in some manner."

The Court further stated that neither of the lower courts recorded a specific finding of false evidence being provided by the respondents. "If such a presumption was to be drawn, then, every case of acquittal in a criminal case would result in a subsequent prosecution of the complainant-party at the instance of a private individual," the Court added, emphasizing that such practices cannot be encouraged.

While upholding the judgments of the lower courts, the High Court dismissed the petition for lack of merit.

The judgment clarifies the law around Section 195 Cr.P.C., setting a precedent that may limit frivolous litigation in similar cases in the future.

Decided on: 04.09.2023

Zile Singh  vs Joginder Singh and ors.