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Heard finally.

2. This criminal revision petition under section 438 r/w 442 of BNSS, 2023 has been filed being aggrieved by the order dated 21.03.2025 passed by Special Judge, SC/ST (P.A.) Act, Betul in S.T.No.23/2023 whereby the learned Special Judge has framed charge for the offence punishable under Section 195-A of IPC against the petitioner.

3. The brief facts, relevant to the present revision petition are that, the respondent No.2/first informant has lodged an FIR on 17.01.2022 against the petitioner/accused and has stated that earlier she had lodged an FIR with respect to the offence under Section 376 of IPC against the petitioner in which the petitioner was given anticipatory bail and thereafter he started threatening her for compromise and withdrawing the case registered against him. Accordingly crime No.0049/2022 for offence under Section 195-A of IPC has been registered. After completion of the investigation, a final report was submitted to the trial Court. The learned trial Court vide impugned order dated 21.03.2025 has framed the charge against the petitioner for offence punishable under Section 195-A of IPC. Hence this revision.

12. In the present case, it is apparent that the requisite ingredients constituting the offence under Section 195-A of I.P.C. are completely missing in FIR as well as statements recorded during investigation. The charge for the offence punishable under Section 195-A of I.P.C. is not made out against the petitioner, therefore, the impugned order of framing of charge is not sustainable.

13. The next contention with respect to cognizance is integral to the nature of offence charged against the petitioner. The offence under Section 195- A of IPC comes under Chapter XI of IPC which deals with the offences pertaining to "false evidence and offences against public justice". The cognizance of such offences is regulated by the provisions of Section 195 of Cr.P.C. It is apposite to reproduce here the relevant part of Section 195 of Cr.P.C., which reads as under;-

14. As a general rule, any person having knowledge of the commission of offence may set the law in motion by a complaint. To this general rule, Section 195 of Cr.P.C. provides an exception, forbids cognizance being taken of the offence referred to therein accept upon a complaint in writing as required by the Section. Words "No Court shall take cognizance" make the provisions of Section 195 of Cr.P.C. mandatory in nature.

15. Section 195-A IPC was inserted by the Criminal Law (Amendment) Act, 2005 (Act 2 of 2006, w.e.f. 16.4.2006), which comes in Chapter XI under the caption; "OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE". The insertion of Section 195-A IPC in Chapter XI includes offences relating to false evidence and against the public justice. Therefore, the cognizance for such offence will be regulated by Section 195 of Cr.P.C. which ruled that the cognizance for the offences punishable under Sections 193 to 196 (both inclusive) of IPC can only be taken on the basis of written complaint by the Court or an authorised officer of such Court or by a superior Court. Further, Section 340 of Cr.P.C. provides for procedure in cases mentioned under Section 195 of Cr.P.C. that enables a person aggrieved to make an application for inquiry into any offence referred to in Clause (b) of Sub-section (1) of Section 195 of Cr.P.C.

17. It is clear from the statutory scheme of cognizance for the offences relating to false evidence and against public justice that the congnizane can only be taken on the basis of written complaint made by the Court or an authorizeed Officer of such Court or superior Court. Additionally, a witness or other person can also file a complaint in relation to an offence under Section 195-A IPC. It is also well understood that the provisions of Section 195-A of Cr.P.C does not have any effect over the provisions of Section 195 of Cr.P.C. so as to create an exclusive locus on the witness or other person to file complaint in relation to an offence under Section 195-A of IPC. Moreover, Section 195-A of Cr.P.C provides an option to the witness or other person aggrieved by such offence to file a complaint. Thus, the cognizance for the offences relating to false evidence and against public justice, which includes the offence under Section 195-A of IPC, can only be taken on the basis of written complaint, made by the person(s) mentioned in Section 195 of Cr.P.C. or the complaint filed by a witness or other person under section 195-A of Cr.P.C. The Court shall be precluded from taking cognizance on the basis of a police report.