Date :- 28-10-2025
In a significant ruling strengthening witness protection, the Supreme Court of India has held that the offence of threatening a witness under Section 195A of the Indian Penal Code (IPC) is a cognizable offence. This empowers the police to register an FIR and investigate directly, without the need for a prior complaint from a court.
The judgment, delivered on October 28, 2025, by a Bench of Justices Sanjay Kumar and Alok Aradhe, overruled the Kerala High Court’s interpretation, which had restricted police powers under Section 195A IPC.
Background of the Case
The case arose from an appeal filed by the State of Kerala challenging a Kerala High Court order that had granted bail to an accused booked under Section 195A IPC for allegedly threatening a witness (approver) in a murder trial. The High Court had held that police were not authorized to register an FIR for such an offence and that only a court could initiate proceedings under Sections 195 and 340 of the Code of Criminal Procedure (CrPC).
Supreme Court’s Observations
Disagreeing with the High Court, the Supreme Court clarified that Section 195A IPC was deliberately enacted as a separate offence distinct from the provisions under Sections 193 to 196 IPC, which deal with giving or fabricating false evidence.
“Section 195A IPC was conceptualized as an offence distinct and different from those under Sections 193, 194, 195 and 196 IPC… those offences required a complaint to be made only by those named in Section 195(1)(b)(i) CrPC and they were all non-cognizable offences. However, an offence under Section 195-A IPC is a cognizable offence,” the Court observed.
The Bench reasoned that the objective of Section 195A IPC is to ensure immediate protection to witnesses from threats or intimidation. Requiring a threatened witness to first approach the court would defeat this protective intent.
Requiring that person to go before the court concerned and inform it about that threat thereby necessitating a complaint under Section 195(1)(b)(i) along with an inquiry under Section 340 CrPC would only cripple and hamper the process,” the Court added.
Police Empowered to Act Without Court Complaint
The Supreme Court reaffirmed that once an offence is cognizable, police have full authority under Sections 154 and 156 CrPC to take action, register an FIR, and investigate.
The undeniable fact remains that the offence under Section 195-A IPC is a cognizable offence, and once that is so, the power of the police to take action under Sections 154 and 156 CrPC cannot be doubted,” the Court held.
Final Directions
Setting aside the Kerala High Court’s order, the Supreme Court allowed the State’s appeal and directed the respondent-accused to surrender before the trial court within two weeks. The judgment now settles the legal position on FIR registration for offences under Section 195A IPC.
Cause Title & Appearance
Case Title: State of Kerala vs. Suni @ Sunil (and connected case)
Bench: Justice Sanjay Kumar and Justice Alok Aradhe
For Appellant(s): Mr. Raghenth Basant, Sr. Adv.; Mr. Harshad V. Hameed, AOR; Mr. Dileep Poolakkot, Adv.; Mrs. Ashly Harshad, Adv.; Mr. Mahabir Singh, Adv.; Ms. Kaushitaki Sharma, Adv.; Mr. Anshul Saharan, Adv.
For Respondent(s): Ms. Minakshi Vij, AOR; Mr. Alok Bhatt, Adv.; Ms. Jagriti Singh, Adv.
This article cover the legal point on filing of FIR if witnesses is threatened in case. This decision is a crucial step in strengthening the witness protection mechanism in India, ensuring that threats or intimidation are dealt with swiftly by law enforcement agencies without procedural barriers.
The ruling will serve as a precedent across courts, clarifying that Section 195A IPC offences are cognizable, and that police can act suo motu to protect witnesses and uphold the integrity of the criminal justice process..further you can read here important judgements and legal principles laid down by Hon’ble supreme court of India, this article is posted by Advocate Shivaji Rathore (J&K high court jammu) for more important legal topics stay connected with us, on tacit legal we post on YouTube channel also named as Tacit Legal helpful for Law students newely enrolled Advocate in India and other states, Follow us on Instagram also, Read our articles on important Questions of Law. #tacitlegal visit my website Tacit Legal dot in search on google, this website is made from Hostinger and wordpress follow our latest updates for legal news follow us on YouTube also for young lawyers law students helpful for Advocates, this blog is written by Advocate Shivaji Rathore practicing in Jammu and Kashmir high court and district court at Jammu. The website Tacit Legal is available on Google created with Hostinger and wordpress keep in touch and read our daily articles and reporting for law students and advocates as we provide you important legal information on Tacit Legal.in
Author: Advocate Shivaji Rathore
Founder – Tacit Legal | tacitlegal.in
This decision is a crucial step in strengthening the witness protection mechanism in India, ensuring that threats or intimidation are dealt with swiftly by law enforcement agencies without procedural barriers.
The ruling will serve as a precedent across courts, clarifying that Section 195A IPC offences are cognizable, and that police can act suo motu to protect witnesses and uphold the integrity of the criminal justice process.
Keywords:
Supreme Court of India, Section 195A IPC, Cognizable Offence, Witness Protection, FIR Registration, Kerala High Court, CrPC Section 195, Section 340 CrPC, Criminal Law, Legal News, Tacit Legal
