CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGSCentral

Section 195 of The Code of Criminal Procedure, 1973

(1)No Court shall take cognizance--
1. (a)(i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code, (45 of 1860), or
  1. (ii)of any abetment of, or attempt to commit, such offence, or
  2. (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;
2. (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
  1. (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
  2. (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--
1. (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;
2. (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.

Summary

Courts are prohibited from taking notice of certain crimes against public servants unless the servant or their superior provides a written complaint.
This restriction covers offences like avoiding a summons or disobeying a public servant's lawful order.
If a person lies in court or uses forged documents during a trial, only that court or a higher court can file the required written complaint.
A higher administrative authority has the power to withdraw a complaint made by a subordinate public servant as long as the trial is not finished.
For this section, the word Court includes civil, revenue, and criminal courts, and also certain government tribunals.
A court is considered subordinate to the specific court that normally hears its appealable sentences or decrees.

Practical examples

1Amit refuses to appear in court after being legally summoned by a tax officer on July 10th. The police cannot start a case against Amit unless the tax officer or the officer's boss writes a formal complaint to the judge.

2During a civil lawsuit over a contract, Suresh presents a fake receipt to the court to win his case. A criminal prosecution for this forgery cannot begin until the civil judge presiding over the case or a superior judge files a written complaint about the fake document.

FAQ

1. Who can file a complaint for disobeying a public servant under Section 195 of the Code of Criminal Procedure, 1973?

Under Section 195 of the Code of Criminal Procedure, 1973, only the public servant concerned or an official they are administratively subordinate to can file the written complaint.

2. Does Section 195 of the Code of Criminal Procedure, 1973 apply to fake documents used in court?

Yes, Section 195 of the Code of Criminal Procedure, 1973 applies to offences involving forged documents when they are produced or given in evidence in any court proceeding.

3. Can a complaint be withdrawn under Section 195 of the Code of Criminal Procedure, 1973?

Yes, a superior administrative authority can order the withdrawal of a complaint under Section 195 of the Code of Criminal Procedure, 1973, provided the trial in the court of first instance has not ended.

Test yourself

Q1.Under Section 195 of the Code of Criminal Procedure, 1973, which authority must complain if a witness gives false evidence during a criminal trial?

Q2.According to Section 195 of the Code of Criminal Procedure, 1973, a superior administrative authority cannot withdraw a complaint if what has occurred?

Q3.Under Section 195 of the Code of Criminal Procedure, 1973, which of these is included in the definition of a Court?

Q4.Under Section 195 of the Code of Criminal Procedure, 1973, how is court subordination determined for a court whose decrees have no regular appeal?

194PreviousSection 194 Additional and Assistant Sessions Judges to try cases made over to them.195ANextSection 195A Procedure for witnesses in case of threatening, etc.

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