IPC Section 195
IPC Section 195 — Prosecution for offences against the State and for contempt of the Court
Exact Text (Simplified):
No court shall take cognizance of any offence under Chapter VI (offences against the state), or under Sections 153A, 153B, 295A, 298, 124A, or 505, except on a complaint made by the Central Government or the State Government.
No Court shall take cognizance of any offence punishable under Sections 193, 228, 229, 233, or 234 (all related to contempt of court) except on a complaint made by certain public officials or persons specially authorized.
No Court shall take cognizance of any other offence alleged to have been committed by a Judge or public servant except on a complaint made by the appropriate government or competent authority.
In simple words:
For certain serious offences—especially those against the state, or involving sedition, promoting enmity, or contempt of court—you cannot file a case just on your own.
The government (Central or State) must give permission or make the official complaint for the court to start proceedings.
This is called "prior sanction" or "prior permission".
Why is this important?
These offences are sensitive and could be misused for personal vendettas or to harass someone.
Hence, the law requires government authorization to prevent frivolous or malicious prosecutions.
Key Sections under Section 195:
Chapter VI Offences against the State:
e.g., Sedition (124A), Waging War against the Government, etc.
Certain Sections related to communal harmony and hatred:
Sections 153A (promoting enmity), 295A (deliberate insult to religious feelings), 505 (statements conducing to public mischief).
Contempt of court:
Sections 193 (false evidence), 228-234 (contempt offences).
Illustration:
If someone is accused of sedition (Section 124A IPC), a private citizen cannot file a complaint or case directly.
The government must first give permission to prosecute.
Purpose:
To prevent misuse of the law by individuals.
To maintain state security and judicial integrity.
Ensures that sensitive cases are taken seriously and with oversight.
Summary:
| Aspect | Explanation |
|---|---|
| Offences covered | Sedition, offences against state, contempt of court, communal hatred, etc. |
| Cognizance requires | Prior permission/complaint from Central/State Government or authorized official |
| Why? | Prevent misuse, protect state interests, ensure judicial fairness |
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