Section 302 CrPC: Permission to Conduct Prosecution
This section deals with the power of the court to grant permission for the prosecution of certain offenses.
1. State the Code
Section 302 of the Code of Criminal Procedure, 1973 states that no court shall take cognizance of any offense punishable under any law for the time being in force except with the previous sanction of the authority specified in that law.
2. 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.
3. 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.
4. 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.
