CrPC Section 195
Section 195 of the Criminal Procedure Code (CrPC), 1973 – Prosecution for Offences Against Public Servants for Acts Done in Official Capacity
Text of the Section:
(1) No Court shall take cognizance—
(a) of any offence punishable under Sections 153A, 153B, 295A, 298, 505, or 505A of the Indian Penal Code (IPC) except upon a complaint made by a person who is aggrieved by the offence; and
(b) of any offence against a public servant for doing any act in his official capacity, except with the previous sanction of the government or the competent authority, as the case may be.
(2) The provisions of this section apply only to cases where a complaint is required to be made to the court and do not affect the powers of the police to investigate such offences.
Detailed Explanation:
1. Introduction:
Section 195 CrPC regulates the initiation of prosecution in certain offences, particularly where acts are done by public servants in their official capacity or in specific offences affecting public order and communal harmony. It protects public servants from frivolous or vexatious complaints.
2. Key Aspects:
Cognizance Restriction: Courts cannot take cognizance (i.e., cannot start trial) of certain offences without a proper complaint by an aggrieved person or sanction from competent authority.
Public Servant Protection: Prosecution against a public servant for actions done officially requires prior government sanction.
Specified Offences: Certain offences under IPC such as those related to promoting enmity (Sections 153A, 153B), hurting religious sentiments (Section 295A), defamation of religious groups (Section 298), or statements causing public mischief (Sections 505, 505A) need complaint by aggrieved person.
3. Purpose:
To prevent misuse of the criminal law against public servants.
To ensure that complaints are genuine and not vexatious.
To provide legal protection for officials acting in discharge of their duties.
To safeguard public order by requiring complaints from aggrieved parties in sensitive offences.
4. Procedure:
If a complaint relates to offences under the specified IPC sections, the court can proceed only if the complaint comes from an aggrieved person.
In offences involving public servants, prior sanction from the government or competent authority is mandatory before prosecution.
The police retain the power to investigate but cannot start prosecution without complying with these conditions.
5. Related Provisions:
Section 197 CrPC: Similar protection for public servants from prosecution.
Section 200 CrPC: Procedure for complaints.
IPC Sections 153A, 153B, 295A, 298, 505, 505A: Related offences.
6. Judicial Interpretation:
Courts have strictly enforced the requirement of prior sanction to protect public servants.
The term “aggrieved person” means someone who has suffered a legal injury from the offence.
Prosecution without complying with Section 195 is void and can be quashed.
Sanction protects public servants from harassment during official duties.
Conclusion:
Section 195 of the CrPC acts as a shield against frivolous criminal prosecution of public servants for acts done in official capacity, and regulates complaints in sensitive offences affecting public harmony. It ensures that only genuine complaints or sanctioned prosecutions proceed in court, maintaining a balance between accountability and protection of public servants.
RELATED Blog
0 comments