Code
(1) Any Magistrate inquiring into or trying a case may permit the prosecution to be conducted by any person other than a police officer below the rank of inspector; but no person, other than the Advocate-General or Government Advocate or a Public Prosecutor or Assistant Public Prosecutor, shall be entitled to do so without such permission:
Provided that no police officer shall be permitted to conduct the prosecution if he has taken part in the investigation into the offence with respect to which the accused is being prosecuted.
(2) Any person conducting the prosecution may do so personally or by a pleader.
Explanation
This section essentially means that in certain cases, a court cannot initiate proceedings without prior authorization from a designated authority. This provision is designed to protect individuals from frivolous or politically motivated prosecutions, particularly in sensitive areas like public office, corruption, and official misconduct.
Illustration
For instance, if an offense involves a public servant, the law may require the sanction of the government before a court can take cognizance of the case. This is because prosecuting a public servant can have serious implications and requires careful consideration.
Common Question and Answers
Q1: Who can give permission under Section 302 CrPC?
The authority responsible for granting permission is specified by the law that defines the offense. It can vary depending on the nature of the offense and the individual involved. For example, it could be the government, a departmental authority, or a specific officer.
Q2: What happens if permission is not obtained?
If a court takes cognizance of an offense without the necessary permission, the proceedings can be quashed, and the accused may be discharged. This means the case will be dismissed.
Q3: How can I obtain sanction for prosecution?
You need to apply to the relevant authority with a written application. The application should clearly state the offense, the facts of the case, and the reason why sanction is required. The authority will then consider your application and decide whether to grant permission.
