Sanhita.ai

Code of Criminal Procedure

(CRPC)

Prosecution for offences against the State and for criminal conspiracy to commit such offence.

Chapter 14: Conditions Requisite For Initiation Of Proceedings

Section: 196

(1)No Court shall take cognizance of -

(a)any offence punishable under Chapter VI or under section 153-A, [section 295-A or sub-section (1) of section 505] [Substituted by Act 63 of 1980, Section 3, for "Section 153-B, Section 295-A or Section 505" (w.e.f. 23.9.1980).] of the Indian Penal Code (45 of 1860), or

(b)a criminal conspiracy to commit such offence, or

(c)any such abetment, as is described in section 108-A of the Indian Penal Code (45 of 1860), except with the previous sanction of the Central Government or of the State Government.

[(1-A) No Court shall take cognizance of -

(a)any offence punishable under section 153-B or sub-section (2) or sub-section (3) of section 505 of the Indian Penal Code, or

(b)a criminal conspiracy to commit such offence, except with the previous sanction of the Central Government or of the State Government or of the District Magistrate.]

(2)No Court shall take cognizance of the offence of any criminal conspiracy punishable under section 120-B of the Indian Penal Code (45 of 1860), other than a criminal conspiracy to commit [an offence] [Substituted by Act 45 of 1978, Section 16, for "a Cognisable offence" (w.e.f. 18-12-1978).] punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, unless the State Government or the District Magistrate has consented in writing to the initiation of the proceedings :Provided that where the criminal conspiracy is one to which the provisions of section 195 apply, no such consent shall be necessary.

(3)The Central Government or the State Government may, before according sanction [under sub-section (1) or sub-section (1-A) and the District Magistrate may, before according sanction under sub-section (1-A)] [Substituted by Act 63 of 1980, Section 3, for under sub-Section (1) (w.e.f. 23-9-1980).] and the State Government or the District Magistrate may, before giving consent under sub-section (2), 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 sub-section (3) of section 155.

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