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Code of Criminal Procedure, 1973 · Chapter XIV: Conditions Requisite for Initiation of Proceedings

Section 196: Prosecution for offences against the State and for criminal conspiracy to commit such offence

The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.

Now in the BNSS section 217 (Prosecution for offences against 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,[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. [(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 [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 [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. 1. Ins. by Act 5 of 2009, s.17 (w.e.f. 31-12-2009). 2. Subs. by Act 63 of 1980, s. 3, for —section 153B, section 295A or section 505‖ (w.e.f. 23-9-1980). 3. Ins. by s. 3, ibid. (w.e.f. 23-9-1980). 4. Subs. by Act 45 of 1978, s. 16, for —a cognizable offence‖ (w.e.f. 18-12-1978). 5. Subs. by Act 63 of 1980, s. 3, for —under sub-section (1)‖ (w.e.f. 23-9-1980).

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 196