Code of Criminal Procedure Act, 1973
196.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.