Code
(1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interests of Justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,—
(a) record a finding to that effect;
(b) make a complaint thereof in writing;
(c) send it to a Magistrate of the first class having jurisdiction;
(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and
(e) bind over any person to appear and give evidence before such Magistrate.
(2) The power conferred on a Court by sub-section (1) in respect of an offence may, in any case where that Court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub-section (4) of section 195.
(3) A complaint made under this section shall be signed,–
(a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;
1[(b) in any other case, by the presiding officer of the Court or by such officer of the Court as the Court may authorise in writing in this behalf.]
(4) In this section, “Court” has the same meaning as in section 195.
Explain the Code
Section 195 of the CrPC lays down the conditions for taking cognizance of offenses related to:
- Offenses against public justice
- Offenses under specific laws
Section 340 CrPC specifies the procedure to be followed when a case is initiated under Section 195. It states that:
- The Magistrate can take cognizance of such offenses only on a complaint by the public prosecutor or by some other person authorized by the law.
- The Magistrate must be satisfied that the complaint is made in good faith and that there is sufficient ground for proceeding.
- If the Magistrate is not satisfied, he/she can refuse to take cognizance of the offense.
Illustrate the Code
Let’s say a witness in a criminal case is accused of giving false evidence. This would fall under the category of an offense against public justice. In this case, the public prosecutor, or a person authorized by law, would have to make a complaint to the Magistrate. The Magistrate, after examining the complaint, can then decide whether or not to take cognizance of the offense.
Common Questions and Answers
Q: Who can file a complaint under Section 195?
A: A complaint under Section 195 can only be filed by the public prosecutor or by a person authorized by law.
Q: Does the Magistrate have to take cognizance of the offense if a complaint is filed?
A: No, the Magistrate can refuse to take cognizance if they are not satisfied that the complaint is made in good faith or that there is sufficient ground for proceeding.
Q: What happens if the Magistrate refuses to take cognizance?
A: The complainant can approach a higher court if they believe the Magistrate’s decision is incorrect.
