Section 195 CrPC: Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence

What Section 195 CrPC Says

195. 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, 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), 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.

Source: Section 195, Code of Criminal Procedure, 1973

Section 195 CrPC in Simple Words

When Section 195 CrPC Applies

• Under Section 195(1)(a) of the Code of Criminal Procedure, 1973, no Court shall take cognizance of any offence punishable under Sections 172 to 188, both inclusive, of the Indian Penal Code, or of any abetment, attempt, or criminal conspiracy to commit such an offence, except on the complaint in writing of the public servant concerned or another public servant to whom he is administratively subordinate.
• No Court shall take cognizance of any offence punishable under Sections 193 to 196, both inclusive, 199, 200, 205 to 211, both inclusive, and 228 of the Indian Penal Code when alleged to have been committed in or in relation to any proceeding in any Court, or of any criminal conspiracy to commit, attempt to commit, or abetment of any offence specified in Section 195(1)(b)(i) CrPC or Section 195(1)(b)(ii) CrPC, except on the complaint in writing of that Court, an officer of that Court authorised in writing in that behalf, or a Court to which that Court is subordinate.
• Under Section 195(1)(b)(ii) CrPC and Section 195(1)(b)(iii) CrPC, no Court shall take cognizance of any offence described in Section 463 or punishable under Section 471, Section 475, or Section 476 of the Indian Penal Code when alleged to have been committed in respect of a document produced or given in evidence in a Court proceeding, or of any criminal conspiracy to commit, attempt to commit, or abetment of any offence specified in Section 195(1)(b)(i) CrPC or Section 195(1)(b)(ii) CrPC, except on the complaint in writing of that Court, its officer authorised in writing, or a superior Court.
• Where a public servant has made a complaint under Section 195(1)(a) CrPC, any authority to which he is administratively subordinate may order its withdrawal and send a copy of the order to the Court, upon receipt of which no further proceedings shall be taken, though the proviso limits this power by barring withdrawal if the trial in the Court of first instance has been concluded.
• For Section 195(1)(b) CrPC, a Court means a Civil, Revenue, or Criminal Court and includes a tribunal declared by a Central, Provincial, or State Act to be a Court for Section 195 CrPC, and it is deemed subordinate to the ordinary appellate Court or, for a Civil Court without ordinary appeal, the local Principal Civil Court of original jurisdiction, subject to the provisos selecting the appellate Court of inferior jurisdiction when appeals lie to more than one Court and selecting the Civil or Revenue appellate Court according to the nature of the proceeding.

Example of Section 195 CrPC

When Section 195 CrPC Does Not Apply

• The bar on taking cognizance under Section 195(1)(b)(i) of the Code of Criminal Procedure, 1973 does not apply when an offence punishable under Sections 193 to 196, both inclusive, 199, 200, 205 to 211, both inclusive, or 228 of the Indian Penal Code is not alleged to have been committed in, or in relation to, any proceeding in any Court.
• The bar on taking cognizance under Section 195(1)(b)(ii) CrPC does not apply when an offence described in Section 463 or punishable under Section 471, Section 475, or Section 476 of the Indian Penal Code is not alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court.
• The power to order withdrawal of a complaint under Section 195(2) CrPC does not apply if the trial in the Court of first instance has been concluded.
• A tribunal constituted by or under a Central, Provincial, or State Act is not a Court for the purposes of Section 195(1)(b) CrPC if the Act concerned does not declare it to be a Court for the purposes of Section 195 CrPC.

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