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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
195
195
Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
Code of Criminal Procedure, 1973
Chapter XIV Conditions Requisite for Initiation of Proceeding
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsCourt ProcedureOffensesPublic ServantsJustice System
🗣️ Simple Explanation
What does this law say?
Section 195 of the CrPC says that a court can't take action on certain offenses unless a specific person or court files a written complaint. These offenses include things like disobeying public servants, offenses against justice, and offenses related to evidence.
Why does this law exist?
This law protects public servants and the justice system. It ensures that cases are properly investigated before a court takes action. This prevents misuse of the legal process.
Real-life impact
If someone lies in court, the court itself must file a complaint. This ensures that false statements are addressed properly. This protects the integrity of court proceedings.
What happens if you break this law?
The punishments depend on the specific offense. For example, lying in court (perjury) can lead to imprisonment. The police can arrest you if the offense is serious.
⚖️ Punishment
Imprisonment up to 7 years, or fine, or both, depending on the specific offense.
💡 Real Life Example
Sneha lies in court during a trial. The court must file a written complaint for action to be taken. The court then initiates proceedings against Sneha for perjury. She could face imprisonment. This ensures that the justice system is protected.
🛡️ KNOW YOUR RIGHTS
- •Know that certain offenses require a written complaint to be filed.
- •Understand that the court itself may file a complaint in some cases.
- •Seek legal advice if you are accused of an offense covered by this section.
❓ FREQUENTLY ASKED QUESTIONS
Section 195 of the CrPC deals with which offenses require a written complaint before a court can take action. These offenses include things like disobeying public servants, offenses against justice, and offenses related to evidence. This ensures that cases are properly initiated and investigated.
If someone lies in court, the court itself must file a written complaint. This is because lying in court is an offense against the justice system. The court will then initiate proceedings against the person for perjury, which can lead to imprisonment.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Code of Criminal Procedure, 1973
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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