Code of Criminal Procedure, 1898 — Section 194: Cognizance of offences by High Court

194. Cognizance of offences by High Court.__ (1) The High Court may take cognizance of any offence 9[* * *] in manner hereinafter provided.

(a)Prosecution for contempt of lawful authority of public servants. of any offence punishable under sections 172 to 1[187] of the Pakistan Penal Code (XLV of 1860), except on the complaint in writing of the public servant concerned, or of some other public servant to whom he is subordinate;

(b)Prosecution for certain offences against public justice. 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 proceeding 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)Prosecution for certain offences relating to documents given in evidence. 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 sub-section (1), the term “Court” 2[includes] a Civil, Revenue or Criminal Court, but does not include a Registrar or Sub-Registrar under the 3[Registration Act, 1908]4[(XVI of 1908)]. 4 [(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 decrees 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 Revenue Court, such Court shall be deemed to be subordinate to the Civil or Revenue Court according to the nature of the case or proceeding in connection with which the offence is alleged to have been committed.] 1 [(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.] 2 [196. Prosecution for offences against the State. No Court shall take cognizance of any offence punishable under Chapter VI 3[or IXA] of the Pakistan Penal Code (XLV of 1860) (except section 127), or punishable under section 108A, or section 153A, or section 294A, 4[or section 295A] or section 505 of the same Code, unless upon complaint made by order of, or under authority from, 5[ 6 [Federal Government], or the Provincial Government concerned, or some officer empowered in this behalf by either of the two Governments.] 7 [196A. Prosecution for certain classes of criminal conspiracy. No Court shall take cognizance of the offence of criminal conspiracy punishable under section 120B of the Pakistan Penal Code, (XLV of 1860),

(1)in a case where the object of the conspiracy is to commit either an illegal act other than an offence, or a legal act by illegal means, or an offence to which the provisions of section 196 apply, unless upon complaint made by order or under authority from 5[6[Federal Government], or the Provincial Government concerned, or some officer empowered in this behalf by either of the two Governments,] or

(2)in a case where the object of the conspiracy is to commit any non-cognizable offence, or a cognizable offence not punishable with death, 8[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, unless the 9[Provincial Government], or 10[a] 11[* * *] 10 [Officer-in-charge of the prosecution in the district] empowered in this behalf by the 9[Provincial Government], has, by order in writing, consented to the initiation of the proceedings: Provided that where the criminal conspiracy is one to which the provisions of sub-section 12 [(4)] of section 195 apply no such consent shall be necessary.] 13 [196B. Preliminary inquiry in certain cases. In the case of any offence in respect of which the provisions of section 196 or section 196A apply, 10[officer-in-charge of the investigation in the district] 14* * * may, notwithstanding anything contained in those sections or in any other part of this Code, order a preliminary investigation by a police-officer not being below the rank of Inspector, in which case such police-officer shall have the powers referred to in section 155, sub-section (3).]