S B Mumbai (Student) 02 January 2020

Jurisdiction of offence u/s 192 by a public servant

Respected Seniors,

I am a the complainant in a criminal case in Mumbai where process has been issued against the accused.

During the pendency of the above case, the complainant bribed a junior level government employee in Aurangabad to obtain a false document to be used in the above case.

I have already filed a case of forgery.

I also want to file a case for Fabrication of False Evidence u/s 192. How will the jurisdiction for filing this case be determined?

Thank you in advance.

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Quick Summary

This discussion addresses the jurisdiction for filing a case under Section 192 of the Indian Penal Code (Fabrication of False Evidence). It clarifies that for non-cognizable offences like this, the complaint should ideally be filed in the police station where the false document was created or wrongly executed. The thread also touches upon the procedure for filing complaints, differentiating between cognizable and non-cognizable offences under the CrPC and the concept of Zero FIR.

4 Replies

Dr J C Vashista (Advocate) 02 January 2020

Seek guidance of your tutor, this platform is to help/ oblige needy litigants.

G.L.N. Prasad (Retired employee.) 02 January 2020

The place where the forged document was used ultimately is also treated as jurisdiction.

1 Like

Raghav Sodhi 03 January 2020

The offence of Fabrication of False Evidence u/s 192, IPC is a non- cognizable offence. Which means although you can file a complaint for the same with any police station, however, he may refuse to register the complaint if the place of commission of the offence was not within the limits of the police station, of which he is incharge. [Section 154, Cr.P.C., read with section 155, Cr.P.C]

Therefore, it would be advisable to file the complaint in the police station, within the terretorial jurisdiction of which the documents were wrongly executed or made.

1 Like

T. Kalaiselvan, Advocate (Advocate) 16 January 2020

If you have already filed the current criminal case through police then you can give an additional complaint for this offence as well before the jurisdictional police station.

If it was a private criminal complaint then you may have to file another complaint with the concerned magistrate court.