Question

"From a plain reading of Section 195 Cr.P.C. it is manifest that it comes into operation at the stage when the Court intends to take cognizance of an offence under Section 190(1) Cr. P.C.; and it has nothing to do with the statutory power of the police to investigate into an F.I.R. which discloses a cognizable offence.... In other words, the statutory power of the Police to investigate under the Code is not in any way controlled or circumscribed by Section 195 Cr.P.C." – This was held by the Supreme Court in the case of:

• A. Nalini Vs State of Tamilnadu
• B. Raj Singh Vs State [(1998)]
• C. Shamsher Singh Vs State of Punjab
• D. State of Himachal Pradesh Vs Tara Dutta

Hint:

Section 195 Cr.P.C. limits the court's power to take cognizance of certain offenses, but does not affect the police's power to investigate cognizable offenses.

Answer 1

The Correct Option is C

Step 1: Understanding Section 195 Cr.P.C.
Section 195 of the Criminal Procedure Code (Cr.P.C.) deals with the bar on taking cognizance of certain offenses without a complaint made by the public servant or the court itself. It specifies the process and conditions under which courts can take cognizance of specific offenses, particularly those related to false evidence or perjury.
Step 2: Explanation of the case law.
In the case of Shamsher Singh Vs State of Punjab, the Supreme Court clarified that Section 195 Cr.P.C. only applies when the court intends to take cognizance of an offense under Section 190(1) Cr.P.C. and does not affect the power of the police to investigate a cognizable offense based on an F.I.R.
Step 3: Explanation of the options.
- (a) Nalini Vs State of Tamilnadu: This case is not related to the issue under Section 195 Cr.P.C.
- (b) Raj Singh Vs State [(1998)]: This case does not deal with the matter of police powers under Section 195 Cr.P.C.
- (c) Shamsher Singh Vs State of Punjab: This is the correct case where the Supreme Court held that the statutory power of the police to investigate into cognizable offenses is not controlled by Section 195 Cr.P.C.
- (d) State of Himachal Pradesh Vs Tara Dutta: This case does not pertain to Section 195 Cr.P.C.
Step 4: Conclusion.
Therefore, the correct answer is (c) Shamsher Singh Vs State of Punjab.