Sections 193, 194, 195 and 195A CrPC: Cognizance and Conditions for Prosecution

Section 193 CrPC - Cognizance of offences by Courts of Session

Meaning: "Cognizance" in this context refers to the judicial act of taking notice of an offence for the purpose of proceeding according to law. Section 193 prescribed the ordinary gateway through which a case reached the Court of Session when it was to act as a court of original jurisdiction.

The provision therefore made committal by a Magistrate the general rule, while preserving statutory exceptions expressly permitting direct cognizance by a Sessions Court.

Section 194 CrPC - Additional and Assistant Sessions Judges to try cases made over to them

Meaning: Section 194 regulated assignment of Sessions cases within the Sessions Division. An Additional Sessions Judge or Assistant Sessions Judge tried cases made over by the Sessions Judge through a general or special order, or cases which the High Court directed that Judge to try by special order.

Section 195 CrPC - Prosecution for contempt of lawful authority, offences against public justice and offences relating to documents in evidence

Purpose: Section 195 placed a statutory restriction on a court taking cognizance of specified offences unless the complaint came from the person or authority designated by the section. It protected certain public and judicial processes from private prosecutions that did not satisfy the prescribed complaint requirement.

Section 195(1)(a): offences concerning lawful authority of public servants

For offences punishable under Sections 172 to 188 of the Indian Penal Code, 1860, including abetment, attempt and criminal conspiracy to commit such offences, cognizance could ordinarily be taken only on a written complaint of the public servant concerned or another public servant to whom that public servant was administratively subordinate.

Section 195(1)(b): offences connected with court proceedings and evidence

For offences under IPC Sections 193 to 196, 199, 200, 205 to 211 and 228 alleged in or in relation to a court proceeding, and specified document-related offences under IPC Sections 463, 471, 475 and 476 concerning documents produced or given in evidence, cognizance generally required a written complaint from that Court, its authorised officer or a superior Court. The statutory restriction also extends to specified conspiracy, attempt and abetment. The distinction between forgery before production in court and offences involving a document while in court custody is important when applying this provision.

Withdrawal of complaint under Section 195(2)

For a complaint under Section 195(1)(a), the administratively superior authority could order withdrawal and send the order to the Court. Once received, proceedings on the complaint would cease, but withdrawal could not be ordered after the trial in the court of first instance had concluded.

Meaning of "Court" under Section 195(3)

For Section 195(1)(b), "Court" included a Civil, Revenue or Criminal Court and also a tribunal constituted by or under a Central, Provincial or State Act where that Act declared the tribunal to be a Court for purposes of Section 195.

Subordination of Courts under Section 195(4)

For Section 195(1)(b), subordination was generally determined by the court to which appeals ordinarily lay from appealable decrees or sentences. The provision also contained rules for civil courts where no appeal ordinarily lay and for situations in which appeals lay to more than one court.

The complaint language in Section 195(1)(b) reflected the substitution made by Act 2 of 2006 with effect from 16 April 2006.

Section 195A CrPC - Procedure for witnesses in case of threatening, etc.

Meaning: Section 195A provided a direct complaint mechanism where a witness or another person complained of an offence under Section 195A of the Indian Penal Code concerning threats intended to cause false evidence.

This provision was inserted by Act 5 of 2009 and came into force on 31 December 2009.

Section 196 CrPC - Prosecution for offences against the State and criminal conspiracy

The uploaded page also contained Section 196. Under the pre-BNSS CrPC, this provision imposed requirements of previous governmental sanction or written consent for specified offences and conspiracies before a court could take cognizance.

Previous sanction under Section 196(1) and 196(1A)

Section 196 required previous sanction of the Central Government or State Government for the offences specified in sub-section (1). For offences covered by sub-section (1A), previous sanction could also be accorded by the District Magistrate as provided by the section.

Consent for certain criminal conspiracies

For a criminal conspiracy punishable under Section 120B IPC falling within Section 196(2), written consent of the State Government or District Magistrate was required, subject to the statutory exceptions. Where the conspiracy was one to which Section 195 applied, the proviso stated that such consent was unnecessary.

Preliminary investigation

Before granting the specified sanction or consent, the competent Government or District Magistrate could order a preliminary investigation by a police officer not below the rank of Inspector, in accordance with Section 196(3).

Current law: Corresponding BNSS provisions from 1 July 2024

The CrPC provisions described above correspond to provisions in Chapter XV of the Bharatiya Nagarik Suraksha Sanhita, 2023. The section numbers are not identical: Section 195 of the BNSS concerns summoning persons during death inquiries, while the successor to CrPC Section 195 is BNSS Section 215.

What is covered by Section 215 BNSS?

Section 215(1)(a): Covers BNS Sections 206 to 223, excluding Section 209, and specified abetment, attempt or conspiracy. The written complaint must come from the public servant concerned, an administratively superior public servant, or another public servant authorised by the concerned public servant.

Section 215(1)(b): Covers BNS Sections 229 to 233, 236, 237, 242 to 248 and 267 when connected to court proceedings, as well as specified offences under Sections 336(1), 340(2) and 342 concerning documents produced or given in evidence. A written complaint of the Court, its authorised officer or the Court to which it is subordinate is required, subject to the precise statutory conditions.

Official texts and references

Consult the India Code official legislation portal, the National Crime Records Bureau BNSS chapter text and the Ministry of Home Affairs new criminal laws resources for the statutory text, commencement and amendments.

Under Section 531 BNSS, the repeal and savings provisions govern pending appeals, applications, trials, inquiries and investigations, subject to the wording of that section and any other applicable law. The procedural stage and relevant dates must be checked before selecting the governing Code.