CrPC 196 — Prosecution for offences against the State and for criminal conspiracy to commit such offence

Code of Criminal Procedure, 1973

Statutory text

(1)
No Court shall take cognizance of—
(a) any offence punishable  under Chapter VI or  under section 153A,

[section 295A  or sub-section (1) of
section 505] 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 108A of the Indian Penal Code (45 of 1860), except with the previous sanction of the Central Government or of the State Government.

[(1A) No Court shall take cognizance of—
(a) any  offence  punishable  under  section  153B  or  sub-section (2) or  sub-section (3) of  section  505  of  the
Indian Penal Code (45 of 1860), 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 120B of
the Indian Penal Code (45 of 1860), other than a criminal conspiracy to commit

[an offence] 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 (1A) and  the  District  Magistrate  may,  before  according  sanction  under  sub-section  (1A)]    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.

Back to CrPC