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What is section 195 of CrPC?
What is section 195(B)(I) of code of Criminal Procedure (CrPC)?
What is section 195 & 340 of CrPC?
Who can take cognizance under Section 195 of CrPC?
Section 195 in The Code of Criminal Procedure, 1973. 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)
Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.
- Introduction
- Scope and Objective of Section 195 Crpc
- Section 195 Crpc Simplified
- Case Laws Interpreting The Legislative Intent Behind Section 195 Crpc
- Conditions to Be Satisfied in Order to Invoke Section 195 Crpc
- Clause 1
- The Conflict Between Section 188 of IPC and Section 195 of Crpc
- Frequently Asked Questions
- References
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Typically, anyone may initiate criminal proceedings by filing a written or verbal complaint with the police or in a magistrate’s court. However, the legislature, in its wisdom, has restricted this right in respect of certain offences, more specifically enumerated in Section 195 of the Criminal Procedure Code (CrPC), 1973. In general, the word “cogn...
In India, Section 195 of the Code of Criminal Procedure (CrPC) outlines the legal requirements for prosecution for offences connected to contempt of public servants’ authority, forging of specific documents, using a forged document as genuine, and creation of false evidence. This Section’s goal is to create a legislative framework that protects pub...
Section 195 of the CrPC talks about prosecution for crimes against public justice, crimes involving documents used as evidence, and crimes involving contempt of the lawful authority of public servants.
In Sushil Kumar v. State of Haryana, (1988), the Court determined that the provisions of Section 195(1)(b)(ii) do not apply because the allegedly forged document was not produced in court;InChandrapal Singh v. Maharaj Singh, (1982), the Court determined that Section 195(3) establishes a prerequisite for taking an offence under Section 193 of the Code.In MS Ahlawat v. State of Haryana, (1999), it was determined that Section 340of the CrPC prescribes the process as to how a complaint may be preferred under Section 195 of the Code, whereas Section...Before a court can take cognizance of an offence under Section 195 of the Code of Criminal Procedure (CrPC), a number of prerequisites must be met. These circumstances include: 1. The person in charge of the public office or institution that is the subject of the alleged offence, or the authority to whom such public worker or officer is subordinate...
When a court receives a request in this regard or otherwise determines that it is necessary for the administration of justice to conduct an investigation into an offence listed in sub-section (1)(b) of section 195 that appears to have been committed during or in connection with a proceeding in that court, or, as the case may be, with respect to a d...
What is Section 188 IPC
According to this Section, if a civil servant with legitimate authority has issued an order and the accused person has willfully disobeyed it, which has resulted in or is likely to result in obstruction, annoyance, injury, a risk to anyone with lawful employment, or danger to life, health, or safety and if disobedience causes obstruction, irritation, or harm to a person who is lawfully employed, the offender will be penalised with either a term of imprisonment up to one month, a fine up to 20...
Conflict
A crucial question about whether a police officer can make an arrest without a warrant because of the restriction imposed by Section 195 CrPC has arisen. This means that a police officer has the authority to make an arrest without a warrant, as well as to file an FIR and begin an investigation into the offence. This also means that the police may submit the final report required by Section 173(2) of the Code of Criminal Procedure to the appropriate court at the conclusion of the investigation...
Is Section 195 a bailable offence or a non-bailable offence?
Section 195 is a bailable offence.
Can Section 195 operate independently?
No, Section 195 cannot operate without Section 340 of the CrPC. Without Section 340, there would be no clear procedure for prosecuting individuals for offences under Section 195.
Learn about Section 195 of the Criminal Procedure Code, which restricts the power to take cognizance of certain offences involving public servants, documents, and evidence. Find out the scope, objective, clauses, case laws, and procedure of this Section.
- Rachit Garg
Accused argued that complaint under Section 195(1)(b) of the Code of Criminal Procedure, 1973 (“CrPC”) was necessary for prosecuting the case under Section 193, IPC.
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Section 195 of the Code of Criminal Procedure, 1973 (“CrPC”) in respect of offences alleged under Sections 191 and 192 of the Indian Penal Code, 1860 (“ IPC ”).
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Section 195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.
Sep 11, 2021 · The article examines the Supreme Court's decision in Bhima Razu Prasad v. State on the applicability of Section 195 (1) (b) (i) of CrPC, which deals with prosecution for contempt of public servants. It discusses the meaning of "in relation to" and "proceeding in any court" in the context of Section 193 IPC.
