We will explain a very important legal concept regarding the submission of forged documents as evidence in court proceedings.
To begin with, let me refer to a significant judgment authored by Justice Amjad Rafiq in a Criminal Miscellaneous matter (Bail Petition, 2024). This judgment beautifully explains the legal position on this issue.
Background of the Case
In this case, a private complaint was filed against a woman. After the complaint was admitted, she furnished bail bonds. However, later it was alleged that the bail bonds submitted were forged.
Based on this allegation, an FIR was registered against her. Her pre-arrest bail was dismissed by the Sessions Court, and the matter eventually reached the High Court.
Opinion of the High Court
Justice Amjad Rafiq, while deciding the case, clarified an important legal principle. He explained that providing surety or bail bonds falls within the ambit of Section 205 of the Pakistan Penal Code (PPC), which is a scheduled offence.
However, the most crucial point relates to Section 195 of the Code of Criminal Procedure (Cr.P.C).
Bar Under Section 195 Cr.P.C
Section 195 Cr.P.C creates a legal bar. It clearly states that no court can take cognizance of offences related to forged documents used in judicial proceedings unless:
- The court itself, where the document was produced, initiates proceedings; or
- The court conducts an inquiry; or
- The court directs a subordinate court to take cognizance.
This means that the police cannot independently register an FIR or initiate proceedings in such matters.
Common Misconception
Recently, many FIRs have been registered where one party alleges that the other submitted forged documents in court and directly approaches the police to lodge a complaint under Sections 420, 468, or 471 PPC.
However, this approach is legally flawed.
When a document is submitted in court, it becomes part of judicial proceedings. Any allegation of forgery related to such a document must be examined by the court itself.
The police have no authority to interfere in court proceedings or initiate action independently in such cases.
Relevant Legal Provisions
The following legal provisions are particularly important in this context:
- Section 463 PPC (Forgery)
- Section 471 PPC (Using a forged document)
- Section 420 PPC (Cheating)
- Section 468 PPC (Forgery for the purpose of cheating)
- Section 205 PPC (False personation)
- Section 195 Cr.P.C (Bar to taking cognizance)
- Section 476 Cr.P.C (Procedure when offence affecting administration of justice is committed)
Supreme Court View
The Supreme Court of Pakistan has also upheld this principle in multiple judgments, where FIRs registered in similar circumstances were quashed due to the bar under Section 195 Cr.P.C.
Justice Amjad Rafiq, in his judgment, also referred to several such precedents.
Conclusion
In conclusion, if a forged document is submitted in court, the proper course of action is not to approach the police directly. Instead, the concerned court must initiate proceedings.
Only the court has the authority to inquire into the matter and proceed according to law.
This is an extremely important concept for lawyers and litigants alike. It is strongly recommended to study the relevant provisions of law and the cited judgment for a deeper understanding.