CrPC 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

Summary

Sub-clause (i) of clause (a) of sub-section (1) covers offences punishable under sections 172 to 188, inclusive, of the Indian Penal Code. A Court cannot take cognizance of them except on a written complaint by the public servant concerned or another public servant to whom that person is administratively subordinate.

Sub-clause (ii) of clause (a) of sub-section (1) applies the same written-complaint requirement to abetment of, or an attempt to commit, an offence covered by sub-clause (i).

Sub-clause (iii) of clause (a) of sub-section (1) applies the same written-complaint requirement to a criminal conspiracy to commit an offence covered by sub-clause (i).

Sub-clause (i) of clause (b) of sub-section (1) covers offences punishable under Indian Penal Code sections 193 to 196, 199, 200, 205 to 211, and 228, when alleged to have been committed in, or in relation to, a proceeding in any Court. A Court cannot take cognizance of them except on a written complaint by that Court, an officer whom that Court authorises in writing for this purpose, or another Court to which that Court is subordinate.

Sub-clause (ii) of clause (b) of sub-section (1) applies the same written-complaint requirement to an offence described in section 463, or punishable under section 471, 475 or 476, of the Indian Penal Code, when alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court.

Sub-clause (iii) of clause (b) of sub-section (1) applies the same written-complaint requirement to a criminal conspiracy to commit, an attempt to commit, or abetment of an offence covered by sub-clause (i) or (ii) of clause (b).

Sub-section (2) says that, when a public servant has made a complaint under clause (a) of sub-section (1), an authority to which that person is administratively subordinate may order its withdrawal and send a copy of the order to the Court. Once the Court receives it, no further proceedings are to be taken on the complaint. Withdrawal cannot be ordered if the trial in the Court of first instance has concluded.

Sub-section (3) says that, for clause (b) of sub-section (1), “Court” means a Civil, Revenue or Criminal Court. It also includes a tribunal constituted by or under a Central, Provincial or State Act if that Act declares it to be a Court for the purposes of this section.

Sub-section (4) says that, for clause (b) of sub-section (1), a Court is considered subordinate to the Court to which appeals ordinarily lie from its appealable decrees or sentences. If no appeal ordinarily lies from a Civil Court’s decrees, it is considered subordinate to the Principal Court with ordinary original civil jurisdiction in the local area where that Civil Court is situated.

Clause (a) of the proviso to sub-section (4) says that, if appeals lie to more than one Court, the Court is considered subordinate to the Appellate Court of inferior jurisdiction.

Clause (b) of the proviso to sub-section (4) says that, if appeals lie to both a Civil and a Revenue Court, the Court is considered subordinate to the Civil or Revenue Court according to the nature of the case or proceeding connected with the alleged offence.

Official Text

(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, or 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 sections 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), 1[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.]

(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 the 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. 1[

Sections referred to

• CrPC §193 — Cognizance of offences by Courts of Session
• CrPC §194 — Additional and Assistant Sessions Judges to try cases made over to them
• CrPC §196 — Prosecution for offences against the State and for criminal conspiracy to commit such offence
• CrPC §463 — Non-compliance with provisions of section 164 or section 281
• CrPC §471 — Exclusion of date on which Court is closed
• CrPC §475 — Delivery to commanding officers of persons liable to be tried by Court-martial
• CrPC §476 — Forms
• IPC §172 — Absconding to avoid service of summons or other proceeding

Referred to by

• CrPC §196 — Prosecution for offences against the State and for criminal conspiracy to commit such offence
• CrPC §308 — Trial of person not complying with conditions of pardon
• CrPC §340 — Procedure in cases mentioned in section 195
• CrPC §341 — Appeal
• CrPC §352 — Certain Judges and Magistrates not to try certain offences when committed before themselves

Related Judgments

• KISHOREBHAI GANDUBHAI PETHANI vs STATE OF GUJARAT & ANR — Supreme Court of India (2013)
• BHIMA RAZU PRASAD vs STATE, REP. BY DEPUTY SUPERINTENDENT OF POLICE, CBI/SPE/ACU-II — Supreme Court of India (2021)
• CENTRAL BUREAU OF INVESTIGATION vs M. SIVAMANI — Supreme Court of India (2017)
• KAMLAPATI TRIVEDI vs STATE OF WEST BENGAL — Supreme Court of India (1978)
• VISHNU CHANDRU GAONKAR vs N.M. DESSAI — Supreme Court of India (2018)

Old <-> New Code Mapping

• BNSS §215 — Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence