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Informative

Cognizance Of Offence U/S 188 IPC Requires Complaint By Public Servant, Not FIR: Patna High Court Quashes Magistrate's Order

Update / Judgement Date

12 Jan 2025

Source

Live Law

Author

Team — WCP Legal Desk

Reading Time

1 min read

Criminal Law

The Patna High Court ruled that cognizance under Section 188 of the IPC requires a complaint from a public servant, not an FIR. The case clarified that an FIR filed by an individual does not fulfill the requirements of the law for taking cognizance of offenses related to public servants' duties under Section 188. This decision ensures that legal proceedings are initiated based on proper authority and procedural adherence.