Penal Code, 1860–Sec. 195A [ Corresponding Sec. 232 of BNS, 2023 ]–How the proceedings for the offence u/s. 195A would be dealt with ?–Held, the provisions makes it clear that a witness or any other person could file a complaint about the commission of an offence u/s. 195A–This procedure was demonstrably dichotomous with the procedure u/s. 195(1)(b)(i) Cr.P.C. as the offence enumerated thereunder required the complaint to be made only by the Court concerned or by an officer authorized by that Court or by a Superior Court–An offence u/s. 195A was a cognizable offence–The threatened witness or other person could approach the police to file a complaint in relation to the offence u/s. 195A–The use of the word “may” in Section 195A Cr.P.C. indicates that it is not compulsory for a threatened witness or other person to only approach the Magistrate concerned to complain the offence u/s. 195A–The power of the police to take action in relation to the offence u/ss. 154 & 156 Cr.P.C. cannot be doubted–The remedy available u/s 195 Cr.P.C. is only an additional remedy which permits the threatened witness or any other person acting on his behalf to file a complaint before the jurisdictional Magistrate to set the process of criminal law in motion.
