NATIONAL LEGAL COUNCIL FOR HUMAN RIGHTS

 Can Police file FIR under Section 188 of Indian Penal Code It is responsibility of every public servant to maintain peace and order in the society. In order to do that public servants can promulgate orders. If someone disobey such order, than he would be liable for prosecution in accordance with provision of Section 188 of Indian Penal Code. In the recent scenario, due to COVID-19 pandemic, government had promulgated order of LOCKDOWN and whoever disobeyed order, consequently faced legal action. Now question arises, whether police has authority to file FIR under Section 188 of Indian Penal Code and arrest such person when provision of Section 195(1)(a) of Criminal Procedure Code makes it clear that a Court is incompetent to take cognizance of any offence punishable under Sections 172 to 188 of Indian Penal Code without a written complaint of the concerned public servant. Interpretation of Section 188 of Indian Penal Code (IPC) and Section 195(1)(a) of Criminal Procedure Code (CrPC...

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