One among these was Section 193 of the IPC which deals with the offence of giving or fabricating false evidence at any stage of a judicial proceeding. The punishment for the same involves both imprisonment and payment of fine.
The interesting aspect about the offence under Section 193 is that unlike most other cognisable offences under the Indian Penal Code, courts cannot take cognisance of this offence on the basis of a police report.
As per Section 195(1)(b) of the Code of Criminal Procedure (CrPC), no court can take cognisance of an offence punishable under Section 193 IPC, among others, “except on the complaint in writing of that Court or by such officer of the Court as that Court may authorize in wring in this behalf, or of some other Court to which that Court is subordinate“.
Since the underwear evidence was in the custody of the trial court when it was allegedly tampered with, it should have been the court in question that initiated the proceedings to look into the same.
However, in this case, the trial court took cognisance on the basis of a police report.
Source: Barandbench
