THE CODE OF CRIMINAL PROCEDURE, 1898
(V OF 1898)
[22nd March, 1898]
An Act to consolidate and amend the law
relating to the Criminal Procedure
195. Prosecution for contempt of lawful authority of public servants.
Prosecution for certain offence against public justice. Prosecution for certain
offences relating to documents given in evidence.
(a) of
any offence punishable under Sections 172 to [1][187] of the Pakistan Penal Code, except on the
complaint in writing of the public servant concerned, or of some other public
servant to whom he is subordinate;
(b) of
any offence punishable under any of the following sections of the same Code,
namely, Sections 193, 194, 195, 196, 199, 200, 205, 206, 207, 208, 209, 210,
211 and 228, when such offence is alleged to have been committed in, or in
relation to, any proceedings in any Court, except on the complaint in writing
of such Court or of some other Court to which such Court is subordinate; or
(c) of
any offence described in Section 463 or punishable under Section 471, Section
475 or Section 476 of the same Code, when such offence is alleged to have been
committed by a party to any proceeding in any Court in respect of a document
produced or given in evidence in such proceeding, except on the complaint in
writing of such Court, or of some other Court to which such Court is
subordinate.
(2) In
clauses (b) and (c) of the sub-section (1), the term “Court” includes a Civil,
Revenue or Criminal Court, but does not include a Registrar or Sub-Registrar
under the [2][Registration Act, 1908].
(3) For
the purposes of this section, a Court shall be deemed to be subordinate to the
Court to which appeals ordinarily lie from the appealable decrees or sentences
of such former Court, or in the case of a Civil Court from whose decree no appeal
ordinarily lies to the principal Court having ordinary original civil
jurisdiction within the local limits of whose jurisdiction such Civil Court is
situate:
Provided that--
(a) where appeals lie to more than one Court,
the Appellate Court of inferior jurisdiction shall be the Court to which such
Court shall be deemed to be subordinate; and
(b) where appeals lie to a Civil and also to a
(4) The provisions of sub-section (1), with
reference to the offences named therein, apply also to criminal conspiracies to
commit such offences and to the abetment of such offence, and attempts to
commit them.
(5) Where a
complaint has been made under sub-section (1), clause (a), by a public servant,
any authority to which such Public servant is subordinate may order the
withdrawal of the complaint and, if it does so, it shall forward a copy of such
order to the Court and, upon receipt thereof by the Court, no further
proceedings shall be taken on the complaint.