196Prosecution for offences against the State and for criminal conspiracy to commit such offence
(1)No Court shall take cognizance of--
(a) any offence punishable under Chapter VI or under section 153A,1[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.
2[(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 3 [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 4 [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.
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1. Subs. by Act 63 of 1980, s. 3, for "section 153B, section 295A or section 505" (w.e.f. 23-9-1980).
2. Ins. by s. 3, ibid. (w.e.f. 23-9-1980).
3. Subs. by Act 45 of 1978, s. 16, for "a cognizable offence" (w.e.f. 18-12-1978).
4. Subs. by Act 63 of 1980, s. 3, for "under sub-section" (1) (w.e.f. 23-9-1980).
- 190 Cognizance of offences by Magistrates
- 191 Transfer on application of the accused
- 192 Making over of cases to Magistrates
- 193 Cognizance of offences by Courts of Session
- 194 Additional and Assistant Sessions Judges to try cases made over to them
- 195 Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
- 195A Procedure for witnesses in case of threatening, etc
- 196 Prosecution for offences against the State and for criminal conspiracy to commit such offence
- 197 Prosecution of Judges and public servants
- 198 Prosecution for offences against marriage
- 198A Prosecution of offences under section 498A of the Indian Penal Code
- 198B Cognizance of offence
- 199 Prosecution for defamation