Code:
(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.
STATE AMENDMENT
Manipur
In section 196 of the Code, after sub-section (3), the following sub-section shall be added, namely:–
“(4) No Specified Executive Magistrate shall take cognizance of any offence except with the previous sanction of the state Government or such other authority or officer as it may, by order published in the official Gazette, specify.”.
[Vide Manipur Act 3 of 1985, s. 4(2) and the Schedule]
Explanation:
Section 196 CrPC deals with the prosecution of offenses against the State and criminal conspiracy. It lays down the conditions under which a person can be prosecuted for such offenses.
Key aspects of the section:
- Offenses Against the State: This includes offenses like sedition, waging war against the Government, and promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc.
- Criminal Conspiracy: This refers to an agreement between two or more people to commit an illegal act.
- Sanction Required: The section mandates that no person can be prosecuted for an offense against the State or criminal conspiracy without the sanction of the appropriate authority.
- Authorities for Sanction: The authority granting sanction varies based on the nature of the offense and the specific circumstances. For instance, in certain cases, the sanction might be required from the Central Government, the State Government, or even the High Court.
- Purpose of Sanction: The primary purpose of this sanction requirement is to prevent frivolous or politically motivated prosecutions and ensure that such serious charges are not used unjustly.
Illustration:
Consider a situation where a group of individuals are accused of plotting to overthrow the government by inciting violence and creating unrest. In such a scenario, before proceeding with a prosecution, the authorities would need to obtain a sanction from the appropriate authority as the alleged act falls under the category of offenses against the State.
Common Questions and Answers:
Q: Who can grant sanction under Section 196 CrPC?
A: The authority granting sanction varies depending on the offense. For example, the Central Government may sanction prosecutions for offenses against the Central Government, while the State Government may grant sanction for offenses against the State Government. The High Court may also grant sanction in certain circumstances.
Q: What are the grounds on which sanction can be refused?
A: Sanction can be refused if the authorities find that the prosecution is frivolous, politically motivated, or based on insufficient evidence.
Q: What happens if a prosecution is initiated without sanction?
A: Such prosecution will be deemed invalid and may be quashed by the court.
