Prosecution for offences against the State and for criminal conspiracy to commit such offence
AI Assist
Summary
Courts cannot take cognizance of offences against the State, certain communal or inflammatory speech offences, or criminal conspiracies to commit them unless the Central Government or the State Government first gives sanction. For some listed offences the District Magistrate may also give prior consent. Before granting sanction or consent, the government or District Magistrate may order a preliminary investigation by an Inspector.
Example
Priya posts a strongly worded article criticising the State and is accused under the speech offences listed here. The local court cannot start proceedings unless the State or Central Government first sanctions prosecution; the authority may first ask an Inspector to conduct a preliminary investigation before giving that sanction.
Bare Act
Enacted text(1) No Court shall take cognizance of-
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(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
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(b) a criminal conspiracy to commit such offence, or
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(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-
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(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
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(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.
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