- Provision relating to the prosecution of public servants and judges is prescribed under section 197 of Crpc.
- Section 198 deals with prosecution for offences against marriage.
- Court can take cognizance of an offence punishable under chapter 20, IPC only upon a complaint made by aggrieved person. (Sec 198(1))
- If a person is due to his being under 18 yrs of age or being idiot or lunatic or due to his sickness or a woman who because of her local customs ought not to spores in public, then with the leave of the court some other person can make a complaint on his or her behalf. (Sec 198(1)(a))
- If the husband of the woman is serving in armed forces and the commanding officer issues a certificate precluding him from obtaining leave of absence to enable him to make a complaint than any other person as authorized by the husband may make a complaint on his behalf. (Sec 198(1)(b))
- Where an offence has been committed against a woman which is punishable under section 494 or 495 of IPC, then a complaint may be made by her father, mother, brother, sister, daughter or father or mother’s brother/ sister without the permission of the court. But if any other person who is related to the aggrieved by blood, marriage or adoption then leave of the court is required. (Sec 198(1)(c))
- Under section 198(2), No person other than the husband of the woman shall be deemed to be aggrieved by any offence punishable under section 497 or 498 of IPC.
- No court shall take cognizance of an offence under section 376 of IPC, where such offence consists of sexual intercourse by a man with his own wife, wife being under 15 years of age, if more than 1 year has elapsed from the date of commission of the offence. (Sec 198(6))
- Section 199 of Crpc deals with prosecution of defamation. Here the defamation is of some high dignitary regarding his conduct in discharge of his public duty.
- For the case to be tried by Court of Session directly, the Complaint under sec 199 must be made by public prosecutor within 6 months and with sanction from the appropriate government.
- Under section 199, for the first 6 months Judicial Magistrate and Court of Session both have concurrent jurisdiction to take cognizance of the offence. But after the expiry of 6 months Judicial Magistrate has the exclusive jurisdiction to take the cognizance of the offence.
- A complaint is an allegation made in writing or orally to a magistrate by any person other than a police officer that the offence is committed by known or unknown. (Sec 2(d))
- Upon a complaint to a Magistrate, he will examine the complainant. The purpose of this examination is to find out either to dismiss the complaint or issue the processes. (Sec 200)
- Under the examination of sec 200 only those witnesses will be examined as are present. Here, Magistrate doesn’t issue summon or warrant to call the witnesses for examination.
- A Magistrate can’t dismiss the complaint without examining the complainant and witnesses otherwise it will be incurable irregularity. (Sec 200)
- Where the complaint has been filed by public servant or court in its official duty then the Magistrate need not examine the complainant and the witnesses. (Sec 200 proviso)
- The examination under sec 200 shall be signed by complainant, witnesses and the Magistrate as non-signing will be incurable irregularity.