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Critical Evaluation of Section 195 of the Code of Criminal Procedure: A Legal Analysis, Schemes and Mind Maps of Law

Rajiv Gandhi National University of LawLaw

covers topics related to real estate law, constitutional, environmental and sports law

Typology: Schemes and Mind Maps

2022/2023

Uploaded on 04/22/2023

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CRIMINAL LAW (PROCEDURAL) PROJECT
CRITICAL EVALUATION OF SECTION 195
OF CODE OF CRIMINAL PROCEDURE
PRESENTED
TO-:
Mr. Ankit
Kaushisk
(Assistant
Professor of
Law)
PRESENTED
BY-:
Shikhar
Mittal
R.No.-
18174
Group No.-
28
RAJIV GANDHI NATIONAL UNIVERSITY OF LAW,
PUNJAB
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CRIMINAL LAW (PROCEDURAL) PROJECT

CRITICAL EVALUATION OF SECTION 195

OF CODE OF CRIMINAL PROCEDURE

PRESENTED

TO-:

Mr. Ankit

Kaushisk

(Assistant

Professor of

PRESENTED

BY-:

Shikhar

Mittal

R.No.-

RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, 18174

INTRODUCTION

 IMPORTANCE OF CRIMINAL JUSTICE SYSTEM IN A LEGAL SYSTEM

 COGNISANCE OF OFFENCES

 OFFENCES IN CONTEMPT OF AUTHORITY OF PUBLIC

 SECTION 195 ESSENTIAL FEATURES

 SUGGESTION FOR A MORE EFFICIENT PROCEDURE

ESSENTIALS OF SECTION 195

 NO COGNISANCE BY COURT

 OFFENCES PUNISHABLE UNDER SECTIONS 172-188, 193-196, 199,200, 205-

211 & 228 OF IPC

 ANY ABETMENT, ATTEMPT OR CRIMINAL CONSPIRACY TO COMMIT SUCH

CRIMES

 COMPLAINT BY PUBLIC SERVANT OR INFERIOR

 OFFICER OF THE COURT

 WITHDRAWAL OF COMPLAINT ONLY BEFORE CONCLUSION OF TRIAL IN

COURT OF FIRST INSTANCE [Section 195 (2)]

OBJECTIVES AND RATIONALE OF PROVISION  (^) PREVENT UNNECESSARY PROSECUTION AND PILE UP OF CASES  (^) PREVENT VEXATIOUS COMPLAINTS  (^) GRANT PUBLIC SERVANTS AND COURTS WITH AUTHORITY TO ACESS THE GRAVITY OF OFFENCE  (^) PREVENT PUBLIC INTERFERENCE  (^) ONLY PERSONS DIRECTLY AGGRIEVED SHALL INITITAE PROCEEDINGS.

CRITICAL ANALYSIS

 (^) CONFLICT BETWEEN SECTION 188 IPC AND 195 (1)(a):  (^) POWER OF POLICE TO TAKE ACTION UNDER SECTION 188  (^) NO POWER OF COURT TO TAKE COGNISANCE ON CHARGESHEET BY POLICE  (^) COVID-19 PANDEMIC MANAGEMENT  (^) CONFUSION, ROUTE TO EVADE PROCEEDINGS  (^) PROSECTION DEPENDENT UPON WHIMS OF PUBLIC SERVANT.  (^) CAN BE PREJUDICIAL TO GENUINLY AGGRIEVED PRIVATE PERSON

CONCLUSION

 IMPORTANCE OF SEPARATE PROCEDURE

 LOOPHOLES IN EXISTING PROVISIONS STILL EXIST.

 A SYSTEM WITH MORE STATUTORY POWER TO POLICE CONSIDERING

PRESENT SITUATION

 NEED OF MORE EFFICIENT AND QUICK PROCEDURE.