Supreme Court Strikes Down Illegal Prosecution Under Section 182 IPC

The Supreme Court of India delivered a significant ruling in the case of Saloni Arora vs. State of NCT of Delhi, addressing the procedural irregularities in prosecuting an individual under Section 182 of the Indian Penal Code (IPC). This case highlighted the importance of following due legal procedure as prescribed under Section 195 of the Code of Criminal Procedure (CrPC) before prosecuting an individual for providing false information to a public servant.

Background of the Case

The case originated from criminal proceedings in Delhi concerning offenses registered under Sections 120-B, 201, 302, 364, and 365 IPC in connection with an alleged conspiracy and murder case. During these proceedings, the prosecution sought to initiate legal action against Saloni Arora for allegedly providing false information to the authorities, thereby warranting prosecution under Section 182 IPC.

However, the appellant, Saloni Arora, challenged this move, contending that the prosecution had failed to comply with the mandatory requirement under Section 195 CrPC, which stipulates that only a complaint from the concerned public servant can initiate such proceedings. She approached the High Court of Delhi seeking relief.

High Court’s Decision

The Delhi High Court dismissed the appellant’s challenge and upheld the prosecution’s right to proceed against her. It directed the Registrar General of the Delhi High Court to make a formal complaint for the prosecution of the appellant under Section 182 IPC. Later, this responsibility was shifted to the Station House Officer (SHO) of Anand Vihar Police Station.

Challenging these decisions, the appellant filed Special Leave Petitions before the Supreme Court of India.

Legal Issues Before the Supreme Court

• Whether prosecution under Section 182 IPC was legally sustainable without following the mandatory requirement under Section 195 CrPC.
• Whether the High Court erred in directing the initiation of proceedings without a formal complaint from the public servant concerned.
• Whether the failure to comply with procedural safeguards rendered the prosecution invalid.

Petitioner’s Arguments (Saloni Arora)

• The appellant contended that her prosecution under Section 182 IPC was illegal because no formal complaint was filed by the public servant, as required under Section 195 CrPC.
• She cited the Supreme Court’s previous ruling in Daulat Ram vs. State of Punjab (AIR 1962 SC 1206), which held that prosecution under Section 182 IPC is invalid without a complaint from the concerned public servant.
• The appellant argued that her prosecution was void ab initio (invalid from the beginning) since the prosecution had bypassed the legally prescribed procedure.

Respondent’s Arguments (State of NCT of Delhi)

• The prosecution maintained that it had the authority to proceed against the appellant under Section 182 IPC.
• It contended that the procedural defect, if any, could be rectified by allowing the investigating agency to continue its prosecution.
• The prosecution sought to rely on the broad powers of the High Court in ensuring justice is served.

Supreme Court’s Observations

The Supreme Court, comprising Justices A.K. Sikri and Abhay Manohar Sapre, examined the legal principles governing prosecution under Section 182 IPC. The Court reaffirmed its decision in Daulat Ram vs. State of Punjab, where it was held:

“There is an absolute bar against the Court taking seisin of the case under Section 182 IPC except in the manner provided by Section 195 CrPC.”

The Court further elaborated:

• For an offense under Section 182 IPC to be prosecuted, a formal complaint must be filed by the public servant concerned.
• The police cannot initiate a charge-sheet for an offense under Section 182 IPC without such a complaint.
• Since the statutory requirement was not followed in this case, the prosecution was legally unsustainable.

Final Judgment

The Supreme Court ruled in favor of the appellant and held that the prosecution against her under Section 182 IPC was void ab initio. The Court quashed the High Court’s orders and observed:

“In the light of the foregoing discussion, the appeals succeed and are allowed. The impugned orders stand set aside.”

The Court also noted that the State of Delhi had already filed a fresh application in the trial court for initiating proper proceedings. It left it to the lower court to decide the matter in accordance with the law.

Impact of the Judgment

This judgment has far-reaching implications in criminal law, particularly concerning procedural safeguards in initiating prosecutions under Section 182 IPC. The ruling:

• Upholds the requirement that only a formal complaint from the public servant concerned can initiate prosecution under Section 182 IPC.
• Ensures that police authorities cannot independently prosecute individuals for allegedly providing false information to public servants.
• Protects individuals from arbitrary prosecution and ensures procedural compliance.
• Strengthens the legal framework governing criminal prosecutions and upholds citizens’ rights against wrongful legal actions.

Conclusion

The Supreme Court’s decision in Saloni Arora vs. State of NCT of Delhi is a landmark ruling that reinforces the principle of legality in criminal prosecution. By quashing the improper prosecution, the Court has upheld the importance of due process and statutory compliance in criminal law. This ruling will serve as a precedent in cases involving wrongful prosecution under Section 182 IPC, ensuring that justice is not only done but seen to be done.

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Download Judgment: Saloni Arora vs State of NCT of Delh Supreme Court of India Judgment Dated 10-01-2017.pdf

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