SECTION 195 CrPC - Code of Criminal Procedure - Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
(1) No Court shall take cognizance—
(a) (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;
(b) (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 of some other Court to which that Court is subordinate
(2) 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
(3) 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
(4) 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
Comments
(i) As the document alleged to have been forged was not produced in the Court the provisions of section 195(1)(b)
(ii) have no application; Sushil Kumar v State of Haryana, (1988) Cr LJ 427 : AIR 1988 SC 419 (ii) Section 195(3) provides a pre-condition for taking cognizance of offence under section 193 of the Code; Chandrapal Singh v Maharaj Singh, AIR 1962 SC 1238 : (1982) Cr LJ 1731: (1982) 1 SCC 466: 1982 SCC (Cr) 249: 1982 Cr LR (SC) 126
(iii) Clubbing of other cognizable offences would not be permissible to evade the provisions of section 195 of the Code; Barappa v State of Karnataka, (1997) 2 Crimes 575 (Kant)
(iii) Section 340 Cr P prescribed the procedure as to how a complaint may be preferred under section 195 Cr P while under section 195 Cr P it is open to the Court before which the offence was committed to prefer a complaint for the prosecution of the offender Provisions under section 195 Cr P are mandatory and no Court can take cognizance of offences referred to therein; MS Ahlawat v State of Haryana, AIR 2000 SC 168: 2000 Cr LJ 388 (SC)
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