Section 196 CrPC: Prosecution for Offences Against the State and Criminal Conspiracy

Section 196 of the Code of Criminal Procedure, 1973 placed a statutory restriction on a criminal court taking cognizance of specified offences against the State, certain other offences under the Indian Penal Code, related abetment and specified criminal conspiracies unless the sanction or written consent required by the section had first been obtained.

Applicable legal period: This article explains Section 196 CrPC under the legal framework applicable before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force. The corresponding provision in the BNSS is Section 217.

Meaning and purpose of Section 196 CrPC

The expression "cognizance" refers to the judicial act by which a competent criminal court applies its mind to an alleged offence for the purpose of proceeding under criminal law. Section 196 did not itself create an offence. It prescribed a condition that had to be satisfied before a court could take cognizance of the categories of offences covered by the provision.

"Previous sanction" means authorization from the authority specified by law before the court takes cognizance. Depending on the offence, the competent authority under Section 196 could be the Central Government, the State Government or the District Magistrate.

Section 196 CrPC - statutory scheme

Sub-section (1): offences requiring sanction of Central or State Government

No court could take cognizance of an offence punishable under Chapter VI of the Indian Penal Code, or under Section 153A, Section 295A or Section 505(1) IPC, a criminal conspiracy to commit such an offence, or abetment described in Section 108A IPC, except with the previous sanction of the Central Government or the State Government.

Sub-section (1A): specified offences requiring sanction

No court could take cognizance of an offence punishable under Section 153B or Section 505(2) or Section 505(3) IPC, or a criminal conspiracy to commit such an offence, except with the previous sanction of the Central Government, the State Government or the District Magistrate.

Sub-section (2): consent for other criminal conspiracies

For a criminal conspiracy punishable under Section 120B IPC, other than a conspiracy to commit a cognizable offence punishable with death, imprisonment for life or rigorous imprisonment for two years or more, initiation of proceedings required written consent of the State Government or the District Magistrate. Where the conspiracy attracted Section 195 CrPC, such consent was not required.

Sub-section (3): preliminary investigation

Before granting sanction or consent, the competent Government or District Magistrate could order a preliminary investigation by a police officer not below the rank of Inspector. For that investigation, the officer had the powers referred to in Section 155(3) CrPC.

Important correction to the earlier page: the previous content under the heading "Section 196" reproduced provisions concerning prosecution of Judges and public servants. Those provisions belong to Section 197 CrPC, not Section 196. The unrelated Section 197 State amendments have therefore been removed from this Section 196 article.

Offences covered by Section 196(1)

Before implementation of the BNSS, Section 196(1) principally covered the following IPC categories:

  • Chapter VI IPC: offences against the State.
  • Section 153A IPC: promoting enmity between different groups and acts prejudicial to maintenance of harmony.
  • Section 295A IPC: deliberate and malicious acts intended to outrage religious feelings of a class by insulting its religion or religious beliefs.
  • Section 505(1) IPC: specified statements, rumours or reports capable of producing the consequences described in that provision.
  • Criminal conspiracy to commit the covered offences and the abetment specified in Section 108A IPC.

Section 196(1A): Section 153B and Section 505 IPC

Sub-section (1A) separately dealt with Section 153B IPC and sub-sections (2) and (3) of Section 505 IPC. Cognizance of these offences, or conspiracy to commit them, required previous sanction of the Central Government, State Government or District Magistrate.

Criminal conspiracy under Section 196(2)

Section 196(2) dealt with certain prosecutions for criminal conspiracy punishable under Section 120B IPC. Its written-consent requirement did not apply to the excluded class of conspiracies to commit cognizable offences punishable with death, imprisonment for life, or rigorous imprisonment for a term of two years or more. The proviso also avoided duplication where Section 195 CrPC itself governed the conspiracy.

Preliminary investigation before sanction

Under Section 196(3), the sanctioning or consenting authority could direct a preliminary investigation before deciding whether sanction or consent should be granted. The investigation had to be conducted by a police officer not below the rank of Inspector. This enabled the competent authority to obtain relevant factual material before making its statutory decision.

Why sanction matters

The sanction requirement operates at the stage of cognizance. Where Section 196 applies, the court must examine whether the legally required previous sanction or consent exists before taking cognizance of the covered offence. Whether a particular prosecution falls within the section depends on the offence alleged, the penal provision invoked and the statutory requirements applicable to that case.

Corresponding provision after CrPC

The Bharatiya Nagarik Suraksha Sanhita, 2023 now contains the corresponding subject in Section 217, titled "Prosecution for offences against State and for criminal conspiracy to commit such offence." The BNSS provision uses references to the Bharatiya Nyaya Sanhita, 2023. This page, however, is intentionally focused on the CrPC and IPC framework applicable before implementation of the BNSS.

Related CrPC provisions

For the surrounding statutory scheme, see the related provisions on cognizance and conditions requisite for initiation of proceedings:

Note: This page is a general legal-information article on the pre-BNSS CrPC framework. The application of sanction provisions depends on the facts, alleged offence and law applicable to the proceeding.