Section - 196 to 199 of CRPC | Conditions Requisite for Initiation of Proceedings

telegram join link - https://t.me/vijayllbtelegram
196. Prosecution 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,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.
197. Prosecution of Judges and public servants.—(1) When any person who is or was a Judge or Magistrate
or a public servant not removable from his office save by or with the sanction of the Government is accused of any
offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty,
no Court shall take cognizance of such offence except with the previous sanction 1
[save as otherwise provided in the
Lokpal and Lokayuktas Act, 2013 (1 of 2014)]—
(a) in the case of a person who is employed or, as the case may be, was at the time of commission of the
alleged offence employed, in connection with the affairs of the Union, of the Central Government;
(b) in the case of a person who is employed or, as the case may be, was at the time of commission of the
alleged offence employed, in connection with the affairs of a State, of the State Government:
2
[Provided that where the alleged offence was committed by a person referred to in clause (b) during the period
while a Proclamation issued under clause (1) of article 356 of the Constitution was in force in a State, clause (b) will
apply as if for the expression “State Government” occurring therein, the expression “Central Government” were
substituted.]
3
[Explanation.—For the removal of doubts it is hereby declared that no sanction shall be required in case of a
public servant accused of any offence alleged to have been committed under section 166A, section 166B,
section 354, section 354A, section 354B, section 354C, section 354D, section 370, section 375, section 376,
section 376A, section 376C, section 376D or section 509 of the Indian Penal Code (45 of 1860).]
(2) No Court shall take cognizance of any offence alleged to have been committed by any member of the
Armed Forces of the Union while acting or purporting to act in the discharge of his official duty, except with the
previous sanction of the Central Government.
(3) The State Government may, by notification, direct that the provisions of sub-section (2) shall apply to such
class or category of the members of the Forces charged with the maintenance of public order as may be specified
therein, wherever they may be serving, and thereupon the provisions of that sub-section will apply as if for the
expression "Central Government" occurring therein, the expression "State Government" were substituted.
4
[(3A) Notwithstanding anything contained in sub-section (3), no court shall take cognizance of any offence,
alleged to have been committed by any member of the Forces charged with the maintenance of public order in a
State while acting or purporting to act in the discharge of his official duty during the period while a Proclamation
issued under clause (1) of article 356 of the Constitution was in force therein, except with the previous sanction of
the Central Government.
(3B) Notwithstanding anything to the Contrary contained in this Code or any other law, it is hereby declared that any