IPC  Sections -188 & 171 H

Why in News? The Allahabad High Court has quashed the proceedings against Samajwadi Party candidate from Gonda Lok Sabha seat, Shreya Verma, in a case of violation of the Model Code of Conduct (MCC) during the 2022 Assembly elections.

• She was booked under IPC sections 188 & 171 H for canvassing allegedly without obtaining permission .
• Section 188: disobedience to an order promulgated by a public servant
• Section 171 H: illegal payments in connection with an election

What was the petition:

• Shreya Verma’s counsel contended that the FIR was registered without jurisdiction as Section 171-H of the IPC is a non-cognisable offence and Section 195(1) of the Code of Criminal Procedure (CrPC) specifically provides that no court shall take cognisance of any offence under Sections 172 to 188 except on an in-writing complaint of the public servant concerned.
• The Court’s order:
• The court order reads, “This court finds that the above said two offences are non-cognisable offences.
• Therefore, as per Section 155(2) of CrPC, the police have no right or jurisdiction to investigate the matter without prior permission of the magistrate who has jurisdiction to try those offences.
• Therefore, the entire charge-sheet filed by the police is vitiated by serious incurable defects and procedural irregularities.”
• “The provision in sub-section (2) of Section 155 of CrPC for asking permission of the court to investigate a non-cognisable offence is mandatory. Therefore, the investigation of a non-cognisable offence by the police without prior permission of the competent magistrate is illegal.