Preliminary Inquiry - The Legal Chamber

Supreme Court Explains Section 195 CrPC: Police Can Investigate, But Courts Face a Hurdle

23Sep

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Supreme Court

Supreme Court Explains Section 195 CrPC: Police Can Investigate, But Courts Face a Hurdle

This Supreme Court judgment clarifies that for offences under Section 186 IPC, a written complaint by the concerned public servant or their superior is mandatory under Section 195(1)(a) CrPC before a court can take cognizance. However, the bar under Section 195 CrPC applies only at the stage of cognizance and does not prohibit the police from investigating such offences. The court also held that "obstruction" under Section 186 IPC is not limited to physical force but includes any act that impedes a public servant's duties. The legality of splitting distinct offences from those covered by Section 195 depends on the facts of each case. Facts Of The Case: A Process Server from the Nazarat Branch of the Shahdara courts was assigned to serve a warrant and a summons at the Nand Nagri police st...

Supreme Court Quashes FIR in Loan Case, Says Mere Default Doesn’t Make It a Crime

The Supreme Court held that a loan transaction creates a debtor-creditor relationship, and a mere breach of its terms does not automatically constitute criminal breach of trust under Section 405 IPC without evidence of dishonest intention. The Court clarified that such disputes, arising from commercial transactions, are primarily civil in nature and a preliminary inquiry is permissible before registering an FIR. Facts Of The Case: The appellant, a director of M/s Benlon India Ltd., availed three loans from the first respondent, Hero Fincorp, for purchasing machinery. While the first two loans were used for the intended purpose, a fire destroyed the plant shortly after the disbursement of the third loan. Consequently, this third loan was converted into an unsecured corporate loan. Benlon ...

Beyond Impeachment: Supreme Court Validates Its Internal Mechanism for Judicial Misconduct

The Supreme Court upheld the constitutionality of the 'In-House Procedure' for investigating allegations of judicial misconduct. It ruled that the mechanism, which can recommend a judge's removal, is a valid exercise of the CJI's authority under the Judges (Protection) Act, 1985, and does not violate the constitutional scheme for impeachment. Facts Of The Case: In March 2025, a fire broke out in the store-room of a Delhi High Court judge's official bungalow while he was away. During efforts to douse the flames, officials discovered burnt currency notes on the premises. This discovery raised serious suspicions of misconduct, potentially violating the values outlined in the Restatement of Judicial Life. Consequently, the Chief Justice of the Delhi High Court sought an explanation from the ...