Jan 19, 2018
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Prosecution for contempt of lawful authority under Code of Criminal Procedure, 1973

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Prosecution for contempt of lawful authority  under Code of Criminal Procedure, 1973

Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence (section 195)

Court shall not take cognizance of any :

  1. (i) offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code, or

    (ii) abetment of, attempt to commit, such offence, or

    (iii) criminal conspiracy to commit, such offence,
    Except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate;

  1. (i) offence punishable under any of the following section of the Indian Penal Code (45 of 1860), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and also 228, when such offence alleged to have committed in relation to any proceeding in any Court, or

    (ii) offence described in section 463, or punishable under section 471, section 475 or section 476, Code of Criminal Procedure. When such offence committed in respect of a document produced or given in evidence in a proceeding in any Court, or

    (iii) criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified under this section. Except on the complaint in writing of that Court or also by such officer of the Court as that Court may authorize in writing in this behalf.

2. Where a complaint made by a public servant. Any authority, superior of that public servant. Such authority may make order for withdrawal of complaint. The copy of such order shall send to the court. On receipt of such copy of order, no further proceedings shall be taken on the complaint. Provided that no such withdrawal shall ordered if the trial in the Court of first instance concluded.

3. The term “Court” means a Civil, Revenue or also Criminal Court. It also includes a tribunal constituted by or under a Central, provincial or State Act.

4. A Court shall deemed to subordinate to the Court to which appeals ordinarily lie from decrees of such former Court. In the case of a civil Court from whose decrees no appeal ordinarily lies. While the principal Court having ordinary original civil jurisdiction within whose local jurisdiction such Civil Court is situate.

Provided that-

  1. where appeals lie to more than one Court, the Appellate Court of inferior jurisdiction shall also be the Court to which such Court shall be deemed to be subordinate;
  2.  where appeals lie to a civil and also to a Revenue Court, such Court shall also be deemed to be subordinate to the civil or also Revenue Court according to the nature of the case or proceeding in connection with which the offence is alleged to have been committed.
Article Categories:
Criminal law

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