Chapter XIV
Section 196 CrPC: Prosecution for offences against the State and for criminal conspiracy to commit such offence
New Law Update (2024)
Section 200 BNSS
TRIAL COURT
Punishment
Death or Life Imprisonment
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(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 proceeding;
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.
Important Sub-Sections Explained
Section 196(1) CrPC
This sub-section mandates prior sanction from the Central or State Government for courts to take cognizance of offences against the State (such as those promoting enmity or sedition) or related criminal conspiracies and abetments as defined in the Indian Penal Code.
Section 196(2) CrPC
This sub-section specifically deals with criminal conspiracies punishable under Section 120B IPC. It requires the written consent of the State Government or District Magistrate before a court can take cognizance, especially for less severe conspiracies that are not punishable with death, life imprisonment, or rigorous imprisonment for two years or more.
Landmark Judgements
Manish Kumar v. State of NCT of Delhi (2018):
This case reiterates the mandatory nature of obtaining previous sanction under Section 196 CrPC for offences against the State, emphasizing that the absence of such sanction vitiates the entire prosecution proceedings from the outset.
State (NCT of Delhi) v. Shiv Charan Bhatnagar (2007):
The Delhi High Court in this case highlighted that the requirement of sanction under Section 196 CrPC is a prerequisite for a court to take cognizance, and clarified the scope and procedure for ordering a preliminary investigation prior to granting such sanction.
Abdul Wahab v. State of U.P. (2009):
The Allahabad High Court addressed the indispensable requirement of sanction under Section 196 CrPC for criminal conspiracy charges, underscoring that proceedings initiated without due sanction are unsustainable in law.