No Court shall take cognizance— (i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860), or (ii) of any abetment of, attempt to commit, such offence, or (iii) of any criminal conspiracy to commit, such offence, Except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate; (i) of any offence punishable under any of the following section of the Indian Penal Code (45 of 1860), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or (ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or (iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub-clause (i) or sub-clause (ii), except on the complaint in writing of that Court or by such officer of the Court as that Court may authorise in writing in this behalf, or of some other Court to which that Court is subordinate. Where a complaint has been made by a public servant under clause (a) of Sub-Section (1) any authority to which he is administratively subordinate may order the withdrawal of the complaint and send a copy of such order to the Court; and upon its receipt by the Court, no further proceedings shall be taken on the complaint; Provided that no such withdrawal shall be ordered if the trial in the Court of first instance has been concluded. In clause (b) of Sub-Section (1), the term “Court” means a Civil, Revenue or Criminal Court, and includes a tribunal constituted by or under a Central, provincial or State Act if declared by that Act to be a Court for the purposes of this section. For the purposes of clause (b) of Sub-Section (1), a Court shall be deemed to be subordinate to the Court to which appeals ordinarily lie from appealable decrees or sentences of such former Court, or in the case of a civil Court from whose decrees no appeal ordinarily lies, to the principal Court having ordinary original civil jurisdiction within whose local jurisdiction such Civil Court is situate; Provided that— a. where appeals lie to more than one Court, the Appellate Court of inferior jurisdiction shall be the Court to which such Court shall be deemed to be subordinate; b. where appeals lie to a civil and also to a Revenue Court, such Court shall be deemed to be subordinate to the civil or Revenue Court according to the nature of the case or proceeding in connection with which the offence is alleged to have been committed.
Code of Criminal Procedure, 1973
Section 195
Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
⚡ Quick Answer Reference: Section 195 CrPC
- Provision: Section 195 of CrPC
- Act: Code of Criminal Procedure, 1973
- Classification: criminal procedure
- Jurisdiction: India
- Summary: This section outlines the conditions under which a court can take cognizance of certain offences, specifically those related to contempt of lawful authority of public servants, offences against public justice, and offences relating to documents given in evidence. It requires a complaint in writing from the public servant concerned or someone to whom they are administratively subordinate.
What does Section 195 of CrPC say?
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What does Section 195 of CrPC mean?
Plain English Explanation
This section outlines the conditions under which a court can take cognizance of certain offences, specifically those related to contempt of lawful authority of public servants, offences against public justice, and offences relating to documents given in evidence. It requires a complaint in writing from the public servant concerned or someone to whom they are administratively subordinate.
Practical Interpretation
In practical terms, this section means that for certain types of offences, a court cannot initiate proceedings without a complaint from the affected public servant or their administrative superior. This is to ensure that the court only takes cognizance of genuine cases and not frivolous ones.
Core Legal Purpose
The core purpose of this section is to prevent frivolous or malicious complaints against public servants and to ensure that the court only takes cognizance of genuine cases of contempt of lawful authority, offences against public justice, and offences relating to documents given in evidence.
- •A complaint in writing from the public servant concerned or someone to whom they are administratively subordinate is required.
- •The offence must be one of contempt of lawful authority of public servants, offences against public justice, or offences relating to documents given in evidence.
- •The court must be satisfied that the complaint is genuine and not frivolous.
- •The court cannot take cognizance of the offence without a complaint from the public servant concerned or their administrative superior.
Practical Example of Section 195 CrPC
Rajesh, a police officer, is accused of tampering with evidence in a court case. Priya, the complainant, files a complaint against Rajesh with the police station. However, the police station's administrative superior, Amit, orders the withdrawal of the complaint, citing that the trial has already been concluded. The court receives the order and stops further proceedings on the complaint.
Frequently Asked Questions about Section 195 CrPC
Q: What is the punishment or consequence under Section 195 of CrPC?
This section is a procedural provision and does not prescribe a penal punishment. It outlines the conditions under which a court can take cognizance of certain offences.
Q: Does this section apply to private individuals or public entities?
This section applies to public servants and offences related to their duties. It does not apply to private individuals unless they are accused of offences related to public justice or documents given in evidence.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not classify the offence as bailable or cognizable. The classification of the offence would depend on the specific circumstances and the relevant provisions of the Indian Penal Code.
Common Questions about Section 195 CrPC
What is Section 195 of CrPC?
Section 195 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence". In plain terms: This section outlines the conditions under which a court can take cognizance of certain offences, specifically those related to contempt of lawful authority of public servants, offences against public justice, and offences relating to documents given in evidence. It requires a complaint in writing from the public servant concerned or someone to whom they are administratively subordinate.
What is the punishment under Section 195 of CrPC?
Section 195 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 195 of CrPC bailable or non-bailable?
Whether Section 195 of CrPC is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 195 of CrPC?
The essential elements of Section 195 of CrPC are: A complaint in writing from the public servant concerned or someone to whom they are administratively subordinate is required.; The offence must be one of contempt of lawful authority of public servants, offences against public justice, or offences relating to documents given in evidence.; The court must be satisfied that the complaint is genuine and not frivolous..
Landmark Judgments under Section 195 CrPC
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 195
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