Code
(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.
Explanation
Section 195 lays down specific conditions for initiating criminal proceedings in cases concerning:
- Contempt of Public Servants: This applies to offences committed against public servants while they are discharging their duties. It prohibits the prosecution of such offences without the permission of the public servant concerned or the court.
- Offences Against Justice: This section covers offences like giving false evidence, fabricating evidence, influencing witnesses, and obstructing justice. It prohibits prosecution without the court’s sanction.
- Document Evidence: It addresses offences related to the use of forged or tampered documents as evidence in court proceedings. The prosecution requires sanction from the court where the document was used.
The purpose of this section is to protect public servants from frivolous accusations and ensure the smooth functioning of the judicial process. It aims to prevent malicious attempts to harass or obstruct justice through false accusations.
Illustration
Let’s consider an example where a person is accused of forging a document and presenting it in court. The prosecution cannot proceed with the case without obtaining prior sanction from the court where the document was used as evidence. This sanction is crucial to ensure that the accusation is genuine and not simply an attempt to hinder the judicial process.
Common Questions and Answers
Q: What is the purpose of Section 195 CrPC?
A: Section 195 aims to prevent abuse of the legal process, protect public servants from malicious complaints, and ensure the smooth functioning of the judicial system.
Q: Who can grant sanction for prosecution under Section 195?
A: The sanction for prosecution can be granted by the public servant concerned (in cases of contempt) or by the court (in cases of offences against justice and document evidence).
Q: Is sanction always mandatory under Section 195?
A: No, there are exceptions to the requirement of sanction. For example, in cases where the public servant is deceased, or the offence involves using a forged document to commit a serious crime like murder, sanction may not be required.
Q: What are the consequences of proceeding without sanction?
A: Proceeding without proper sanction can result in the prosecution being quashed by the court. It can also be a ground for challenging the legality of the proceedings.
