Supreme Court Clarifies Scope of Section 195 CrPC on Offences Involving Public Servants

The Supreme Court ruled that courts cannot take cognisance of offences under Sections 172–188 IPC, or those closely connected to them, without a written complaint by the concerned public servant as required under Section 195 CrPC.

The case arose from allegations against a Delhi police SHO, who challenged an FIR for obstructing a public servant and wrongful restraint.

The Court clarified that while police may investigate, cognisance is barred without such a complaint, and interconnected offences cannot be separated to avoid this restriction.

The Court laid down six guiding principles for offences under Section 195 CrPC. Though the FIR was not quashed, trial courts were directed to strictly follow Section 195.

[Devendra Kumar v. The State (NCT of Delhi) & Anr]