Section 186 in The Indian Penal Code, 1860
186. Obstructing public servant in discharge of public functions.—
Whoever voluntarily obstructs any public servant
prosecution under
s. 353 , Indian Penal Code, was also barred by s. 195
Criminal Procedure
Code .
HELD : Sections 186 and 353 , Indian Penal Code, relate ... Indian Penal Code. The High Court, however, held that there
was no satisfactory evidence to convict the appellants under
ss. 143 / 402 , Indian Penal Code
Code of Criminal Procedure (In short the Cr.P.C .) for taking cognizance of an offence punishable under Section 186 , Indian Penal Code ... condition for registering a case under Section 186 Indian Penal Code and it is so envisaged under Section 195 Criminal Procedure Code .. Section 195 Criminal
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11. Section 186 of the Indian Penal Code reads as under:
"186. Obstructing public servant in discharge ... Criminal
rt
Procedure Code which lays down that no Court shall take any
cognizance of an offence under Section 186 . I.P.C . except
based upon the same facts as the
charge under Section 186 , Indian Penal Code and no cognizance could
be taken of the offence under Section ... 186 Indian Penal Code unless
there was a complaint in writing as required by Section 195(1) of the
Criminal Procedure Code.It was argued
offence punishable under sections
172 to 188 (both inclusive) of the Indian Penal
Code (45 of 1860), or
(ii) of any abetment of, or attempt ... offences is also different. Section 186 occurs in Ch.
X of the Indian Penal Code dealing with Contempts
of the lawful authority of public servants
same
as those constituting the charge under s. 186 , Indian Penal Code but
it cannot be ignored that section 186 and 353 , Indian Penal Code ... provisions of Section 353 ,Indian Penal Code would equally
apply to the provisions of Section 332 of the Indian Penal Code
Cr.P.C .
(Ex.PW9/A) for prosecuting the accused persons for the offence U/s
186 IPC .
(x) As per verbal ... Narela D.O.D.: 28.08.2014
of offence U/s 186 IPC as Ex.PW9/A.
During cross examination, he denied the suggestion
contained under chapter X of Indian Penal
Code , regarding contempt of lawful authority of which Section 186
IPC is relevant Section. The requirement ... these
two Sections that Section 186 IPC is recorded under Chapter X of
the Indian Penal Code containing the Provisions of committing
punishable under Sections 186 and 341 respectively of the Indian Penal
Code , 1860 (for short, “ I.P.C ”).
A. BRIEF FACTUAL MATRIX
2. It appears ... then, the legal embargo under Section 195
Cr.P.C., so far as Section 186 of the I.P.C. is concerned is not dispelled