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Entire CrPc in Hindi Ch 14 Limitations on taking of Cognizance of offences by Magistrates (195-199)

Entire CrPc in Hindi  Ch 14 Limitations on taking of Cognizance of offences by Magistrates (195-199) Check LawSikho's Certificate Course in Advanced Criminal Litigation & Trial Advocacy

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195. Prosecution for contempt of lawful authority of public servants, for offences against public
justice and for offences relating to documents given in evidence.
195A. Procedure for witnesses in case of threatening, etc.
196. Prosecution for offences against the State and for criminal conspiracy to commit such offence.
197. Prosecution of Judges and public servants.
198. Prosecution for offences against marriage.
198A. Prosecution of offences under section 498A of the Indian Penal Code.
198B. Cognizance of offence.
199. Prosecution for defamation.

Exception 1 prosecution for contempt of lawful authority of public servant
section 195 (1)(@)
1. Of any offence made punishable under sections 172 tu 21 88 8 of IPC
2. Of any abetment or attempt to commit such offence
3. On any criminal conspiracy to commit such offence
In above such cases the court will take cognizance on the complaint of public
servant concerned and search complaint must be in writing
Aur on the complaint of some senior officer to whom such public servant is
subordinate to
Sections 172 to 188 is off offences of contempt of lawful authority of public
servant for example absconding to avoid service of summon preventing service
of summon not oven the legal order of public servant to attend not producing a
document when so required by a public servant furnishing falls information
refusing to take oath
A private prosecution of above-mentioned offences is void
The object of imposing this limitation is to to save the accused from baseless
prosecutions initiated by private complaints
Also as a matter of fact when for schedule is taken into consideration the
above mentioned sections is of non cognizable in nature accept section 188
Irregularity in procedure is not curable by section 465
Exception to prosecution for offences against public justice section 195 (b)
cl (I, ii)
Second exception is applicable for taking cognizance for the following
offences
Offence for giving of fabricating false evidence that is Section 193 to
section 196
Section 199 false statement made in any declaration
Section 200 using as true or false declaration
Section 205 dash 211 that is false personation fraudulent removal are
concealment of property except
And it also include criminal conspiracy to commit or attempt to commit or
abetment of the specified offences
Magistrate can take cognizance only on the complaint in writing of the court
with respect to which such offence was committed or some other quotes to which
the court is subordinate to
Since the offences mentioned above is equally applicable to suits in civil
court revenue court as well as proceedings in criminal court aur even a
tribunal section 195 subsection 3 defines the meaning of court with this
respect.
For determining subordination of of the court section 195 (4) lays down
mechanism.
A court shall be deemed to be subordinate to the court to which appeal
ordinary lies from such court
Exception 3 prosecution for offences relating to documents given in evidence
this is applicable to cognizance of any offence prescribed in section 463 that
is definition of forgery aur punishable under section 471 using as genuine a
forced document section 475 or section 476 counterfeiting device or mark used
for integrating valuable security of Indian penal code.
Again similarly to the previous exception a magistrate can take cognizance on
the above set of sensors only on a written complaint made by the court against
which such offences has been committed

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