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

Summary

Sub-section (1), clause (a), says a court may take cognizance of an offence punishable under Chapter VI or under the listed provisions of the Indian Penal Code only if the Central Government or State Government has given prior sanction.

Sub-section (1), clause (b), applies the same prior-sanction requirement to a criminal conspiracy to commit an offence described in clause (a).

Sub-section (1), clause (c), applies the same prior-sanction requirement to abetment of the kind described in section 108A of the Indian Penal Code.

Sub-section (1A), clause (a), says a court may take cognizance of an offence punishable under section 153B or sub-section (2) or (3) of section 505 of the Indian Penal Code only if the Central Government, State Government, or District Magistrate has given prior sanction.

Sub-section (1A), clause (b), applies the same prior-sanction requirement to a criminal conspiracy to commit an offence described in clause (a).

Sub-section (2) says a court may not take cognizance of a criminal conspiracy punishable under section 120B of the Indian Penal Code unless the State Government or District Magistrate has given written consent to starting the proceedings. This consent is not required for a conspiracy to commit an offence punishable with death, life imprisonment, or rigorous imprisonment for two years or more.

The proviso to sub-section (2) says that no such consent is required where the criminal conspiracy is one to which section 195 applies.

Sub-section (3) allows the Central Government or State Government, before giving sanction under sub-section (1) or (1A), to order a preliminary investigation by a police officer of at least Inspector rank. The District Magistrate may do so before giving sanction under sub-section (1A). The State Government or District Magistrate may also order such an investigation before giving consent under sub-section (2). In each case, the officer has the powers referred to in sub-section (3) of section 155.

Official Text

(1) No Court shall take cognizance of—

(a) any offence punishable under Chapter VI or under section 153A, 2[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. 3[

(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 4[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 5[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.

Sections referred to

• CrPC §155 — Information as to non-cognizable cases and investigation of such cases
• CrPC §195 — Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
• IPC §108A — Abetment in India of offences outside India
• IPC §120B — Punishment of criminal conspiracy
• IPC §153B — Imputations, assertions prejudicial to national integration
• IPC §505 — Statements conducing public mischief

Referred to by

• CrPC §195 — Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence

Related Judgments

• NATIONAL INVESTIGATION AGENCY NEW DELHI vs OWAIS AMIN @ CHERRY & ORS — Supreme Court of India (2024)
• SHREYA SINGHAL vs UNION OF INDIA — Supreme Court of India (2015)
• ANOOP SINGH vs STATE — Delhi High Court (2017)
• BHIMA RAZU PRASAD vs STATE, REP. BY DEPUTY SUPERINTENDENT OF POLICE, CBI/SPE/ACU-II — Supreme Court of India (2021)
• S. L. GOSWAMI vs HIGH COURT OF MADHYA PRADESH AT JABALPUR — Supreme Court of India (1978)
• STATE OF KARNATAKA AND ANR. vs PASTOR P. RAJU — Supreme Court of India (2006)

Old <-> New Code Mapping

• BNSS §217 — Prosecution for offences against State and for criminal conspiracy to commit such offence