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Code of Criminal Procedure, 1973

Section 196

Prosecution for offences against the State and for criminal conspiracy to commit such offence

Quick Answer Reference: Section 196 CrPC

  • Provision: Section 196 of CrPC
  • Act: Code of Criminal Procedure, 1973
  • Classification: criminal procedure
  • Jurisdiction: India
Statutory Content

What does Section 196 of CrPC say?

No Court shall take cognizance of— 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 a criminal conspiracy to commit such offence, or 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. 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. 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.

Indian StandardSection 196, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 196 (India)
Court Pleading StandardSection 196 of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/196

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 196 CrPC

What is Section 196 of CrPC?

Section 196 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Prosecution for offences against the State and for criminal conspiracy to commit such offence". The section states: No Court shall take cognizance of— 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 ...

What is the punishment under Section 196 of CrPC?

Section 196 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 196 of CrPC bailable or non-bailable?

Whether Section 196 of CrPC is bailable or non-bailable depends on the schedule classification.

Landmark Case Laws

Landmark Judgments under Section 196 CrPC

1978 1 SCC 248

Supreme Court of India

2014 8 SCC 273

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)