Principles Relating To Section 195 CrPC : Supreme Court Summarises

In a recent judgment, the Supreme Court summarised the principles relating to Section 195 of the Code of Criminal Procedure.

This provision lays down the conditions for taking cognizance for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence

A bench comprising Justices CT Ravikumar and Sanjay Karol culled out the following principles from various precedents :

i. The procedure prescribed under Section 195 Cr.P.C. is mandatory in nature.

ii. The Section curtails the general right of a person and the general right of a Magistrate to register a complaint when the offences enumerated thereunder are committed.

iii. The Section deals with three distinct categories of offences: (1) contempt of lawful authority of public servants, (2) offence against public justice, and (3) offence relating to documents given in evidence.

iv. Broadly, the scheme of the Section requires that the offence should be such which has a direct bearing on the discharge of lawful duties of a public servant or has a direct correlation with the proceedings in a Court of justice, affecting the administration of justice.

v. The provision only creates a bar against taking cognizance of an offence in certain specified situations except upon complaint by the Court.

vi. To attract the bar under Section 195(1)(b), the offence should have been committed when the document was in “custodia legis” or in the custody of the Court concerned.

vii. The bar under Section 195(1)(b)(ii) cannot be thought to be applied when the forgery of a document has happened prior to its production in Court. The bar only applies in case the enumerated offence takes place after the production of the document or in evidence in any Court.

viii. High Courts can exercise jurisdiction and power enumerated under Section 195 on an application being made to it or suo-motu, whenever the interest of justice so demands.

ix. In such a case, where the High Court as a superior Court directs a complaint to be filed in respect of an offence covered under Section 195(1)(b)(i), the bar for taking cognizance, will not apply.

Other reports about the judgment can be read here.