Arrest without warrant for threatening eyewitness: Supreme Court throws clarity on cognizable offence

NEW DELHI: The Supreme Court of India has clarified that police can immediately arrest an accused without a court order for the cognizable offence of threatening an eyewitness. The police can register an FIR directly as soon as they receive a complaint from an eyewitness. The police do not have to wait for the permission of the trial court in this regard. The crucial judgment has overturned the Kerala High Court order that a case can be registered only based on a written complaint from the trial court.

Section 195A of the Indian Penal Code provides for the registration of a case if an eyewitness is threatened. This is a serious offence. Therefore, the police do not have to wait for a complaint from the trial court. This section of the Indian Penal Code is intended to prevent attempts to intimidate a witness and obtain false statements. The bench of Justices Sanjay Kumar and Alok Aradhe also observed that it is practically difficult to approach the trial court first.