In Iqbal Singh Marwah v. Meenakshi Marwah (11 March 2005), did the court-complaint bar in section…
The Constitution Bench in Iqbal Singh Marwah held that CrPC s.195(1)(b)(ii) applies only where the specified offences are committed in respect of a document after it has…
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In Iqbal Singh Marwah v. Meenakshi Marwah (11 March 2005), did the court-complaint bar in section 195(1)(b)(ii) CrPC apply merely because a document forged before its production was later filed in court?
Answer and explanation
Correct answer B
The Constitution Bench in Iqbal Singh Marwah held that CrPC s.195(1)(b)(ii) applies only where the specified offences are committed in respect of a document after it has been produced or given in evidence in court, that is, while it is in the court's custody. A forgery committed earlier does not come within the bar merely because the document is later filed, so a private complaint lies; the forgery is of course still an offence.
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