Section 186 in The Indian Penal Code, 1860
186. Obstructing public servant in discharge of public functions.—
Whoever voluntarily obstructs any public servant
Code of Criminal Procedure (In short the Cr.P.C .) for taking cognizance of an offence punishable under Section 186 , Indian Penal Code ... particular Section 195 and 461(k) held that the trial for the offences under Sections 186 / 353 , Indian Penal Code, without a special complaint
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11. Section 186 of the Indian Penal Code reads as under:
"186. Obstructing public servant in discharge ... Section 195 of the Criminal
rt
Procedure Code which lays down that no Court shall take any
cognizance of an offence under Section 186 .
taken cognizance under
Section 186 Cr.P.C.
9. In the present case, the offences invoked were Section 186 IPC,
which deals with ... that the charge under
Section 353 , Indian Penal Code is based upon the same facts as the
charge under Section 186 , Indian Penal Code
under Section 332 of the Indian Penal Code are the same and the offence described under Section 332 of the Indian Penal Code ... Indian Penal Code. Section 353 of the Indian Penal Code provides for using criminal force, while Section 332 of the Indian Penal Code provides
court has analysed the provisions of Section 353 ,Indian Penal
Code and 186, Indian Penal Code and held that the two are distinct
offences ... provisions of Section 353 ,Indian Penal Code would equally
apply to the provisions of Section 332 of the Indian Penal Code
complaint U/s 195 Cr.P.C .
(Ex.PW9/A) for prosecuting the accused persons for the offence U/s
186 IPC ... IPC and Section 25 / 27 Arms Act.
In both the cases, consolidated charge U/s 186/353/307/34 IPC
sec. 195
Cr.P.C . is required for taking cognizance under this Section.
16. Another difference between these two sections is
that Section 186 IPC ... sec. 173
Cr.P.C . , therefore, the technical requirement u/sec. 195 Cr.P.C .
For taking cognizance u/sec. 186 IPC
petitioner-herein for the
offence punishable under Sections 186 and 341 respectively of the Indian Penal
Code , 1860 (for short, “ I.P.C ”).
A. BRIEF ... Even then, the legal embargo under Section 195
Cr.P.C., so far as Section 186 of the I.P.C. is concerned
under Sections 353 and 186 of the Indian
Date: 2025.01.02
16:15:09 IST
Reason:
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Penal Code, 1860 (‘ IPC ... 186 of the
IPC as required under Section 195 (1) of the CrPC read with Section 155
of the CrPC. The written complaint