What is Prosecution for offences against the State and for criminal conspiracy to commit such offence? Section 196 of Code of Criminal Procedure 1973

Prosecution for offences against the State and for criminal conspiracy to commit such offence is defined under Section 196 of CRPC 1973. Provisions under this section is:

 

 

Section 196 of CRPC "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, section 153B, section 295A or 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) 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 a cognizable 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) 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.

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