Description
1. No Court shall take cognizance of:
(i) Offences under Sections 172 to 188 of the Indian Penal Code (IPC), 1860.
(ii) Abetment, attempt to commit, or criminal conspiracy to commit any of the above offences.
? Exception: A complaint in writing must be made by the concerned public servant or their administrative superior.
(iii) Offences under Sections 193 to 196, 199, 200, 205 to 211, and 228 of IPC (if committed in or related to court proceedings).
(iv) Forgery-related offences under Sections 463, 471, 475, and 476 of IPC (if committed concerning documents produced or given in evidence in court).
(v) Criminal conspiracy, attempt, or abetment of the above offences.
? Exception: A complaint must be in writing from the concerned Court, its authorized officer, or a superior Court.
2. Withdrawal of Complaint by Public Servant
- If a complaint is made by a public servant, their administrative authority may order its withdrawal.
- The Court must receive a copy of the withdrawal order, after which no further proceedings shall continue.
- Exception: Withdrawal is not allowed if the trial in the Court of first instance has already concluded.
3. Definition of "Court"
- Includes Civil, Revenue, and Criminal Courts.
- Also includes tribunals declared as Courts under any Central, Provincial, or State Act.
4. Subordination of Courts for Cognizance
- A Court is considered subordinate to the Court where appeals from its decrees or sentences ordinarily lie.
- For Civil Courts where no appeal ordinarily lies:
- The principal Court with original jurisdiction in that local area is considered superior.
- Special Rules:
a) If appeals lie to multiple courts, the one with inferior jurisdiction is considered superior.
b) If appeals lie to both a Civil Court and a Revenue Court, subordination is based on the nature of the case.