CrPC Section 195: Contempt of Public Servants, Offences Against Justice, and Document Evidence

1. State the Code

Section 195 of the Code of Criminal Procedure, 1973 (CrPC) deals with the limitations on the prosecution of certain offences related to contempt of public servants, offences against justice, and document evidence.

2. 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.

3. 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.

4. 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.