SACHIDA NAND SINGH AND ANR. versus STATE OF BIHAR AND ANR.

SACHIDA NAND SINGH AND ANR. versus STATE OF BIHAR AND ANR.

The bar contained in Section 195(1)(b)(ii) of the Code of Criminal Procedure is not applicable where forgery of the document was committed before its production in court. The provision should be strictly construed; thus, prosecutions for forgery committed outside and prior to court proceedings are not barred by this section.

Parties
Appellant: Sachida Nand Singh; Appellant: Second appellant; Respondent: State of Bihar; Respondent: Second respondent (Lal Narain Singh)
Jurisdiction
India
Judgment Date
03 February 1998
Procedural Posture
Criminal Appeal / Supreme Court Decision on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Forgery, Bar of Prosecution Under Section 195 Cr PC, Interpretation of Statutes
Criminal Law Procedural Law Forgery Bar of Prosecution Under Section 195 Cr PC Interpretation of Statutes

Case Brief

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Parties

Sachida Nand Singh

Appellant

Second appellant

Appellant

State of Bihar

Respondent

Second respondent (Lal Narain Singh)

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Decision on Appeal From High Court

Legal Issues

  1. 1 Whether bar under Section 195(1)(b)(ii) of CrPC applies to prosecution for forgery of a document produced in court if forgery occurred before production
  2. 2 Scope of Section 195 CrPC regarding prosecution of offences relating to documents produced in court

Ratio Decidendi

The bar contained in Section 195(1)(b)(ii) of the Code of Criminal Procedure is not applicable where forgery of the document was committed before its production in court. The provision should be strictly construed; thus, prosecutions for forgery committed outside and prior to court proceedings are not barred by this section.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed