Prosecution for offences against the State and for criminalconspiracy to commit such offence
Section 196 of the Code of Criminal Procedure, 1973 deals with prosecution for offences against the State and for criminalconspiracy to commit such offence. 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, of Indian Penal Code, or [Section 295 A or sub section (1) of section 505] of the Indian Penal Code The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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, of Indian Penal Code, or [Section 295 A 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 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) 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
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1 Subs.Act. 45 of 978, s. 16, for " a cognizable offence" (w.e.f. 18-12-1978)
2 subs. and ins by act 63 of 1980 s.3 (w.e.f.23-9-1980) ________________________________________________________________________
rank of Inspector, in which case such police officer shall have the powers referred to in sub-section (3) of section 155.
Section 196, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 217 Prosecution for offences against State and for criminal conspiracy to commit such offence Text carried over almost unchanged 88%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
- s. 155 Information as to non-cognizable cases and investigation of suchcases
- s. 195 Prosecution for contempt of lawful authority of public servants, foroffences against public justice and for offences relating to documentsgiven in evidence
- s. 295 Affidavit in proof of conduct of public servants
- Indian Penal Code s. 108A Abetment in India of offences outside India
- Indian Penal Code s. 120B Punishment of criminal conspiracy
- Indian Penal Code s. 505 Statements conducing public mischief
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Arun Pathak vs The State of Uttar Pradesh
Court's Decision & Legal Precedent
When a petitioner seeks pre-arrest bail primarily on the ground of apprehension of imminent arrest and custodial interrogation, and the State, through its counsel, explicitly informs the Supreme Court that it does not require custodial interrogation of the petitioner and that statutory notice under Section 41A CrPC has been served, the Special Leave Petition becomes infructuous and stands disposed of without adjudication on the substantive merits of bail, as the fundamental cause for the petition—the threat of arrest—ceases to exist.
On this section: Requirement for sanction from government before prosecution for certain offenses including those under Section 153A IPC
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Shilpa Raj Kundra vs State
Court's Decision & Legal Precedent
Casual or non-malicious remarks made by public figures in interviews, lacking specific intent to promote enmity between distinct groups or to humiliate based on caste identity, and made years prior to FIR registration without explanation for delay, do not constitute criminal offences under Section 153A IPC or Section 3(1)(r)(u) of the SC/ST Act, 1989. The essential ingredients of these offences—mens rea, intent to promote enmity or humiliate based on caste, and government sanction—must be strictly established. Extraordinary delay in FIR registration raises grave doubts about truthfulness of allegations and constitutes abuse of process of law.
On this section: No court can take cognizance of offence under Section 153A IPC without prior sanction from Central or State Government. Court held that no such sanction was obtained in this case, rendering FIR liable to be quashed for non-compliance with mandatory legal prerequisites.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… placed on record, we are in agreement with learned Senior counsel appearing for the respondent that the subsequent events have rendered the present appeal into a purely academic exercise. We will now explain the raison d'etre for such a conclusion. 10. The words "No Court shall take cognizance" employed in Section 196 of the Code of Criminal Procedure (for short 'CrPC') and the consequential bar created under the said provision would undoubtedly show that the bar is against 'taking of cognizance by the Court'. In other words, it creates no bar against registration of a crime or investigation by the police agency or submission …
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… of any other meeting or contacts with the rest of the Accused. <span id="page-42-0"></span><sup>13</sup> Code of Criminal Procedure, 1973 - i) In any case, the first meeting was said to have been held in the year 2003, whereas the recoveries in the instant case are of the year 2006. - j) In terms of Section 196 of the Code, sanction to prosecute the Accused for having committed offence punishable inter alia under Chapter VI of the IPC was mandatory and the sanction placed on record did not satisfy the requirements. - 29. It was submitted on behalf of the State Government: - a) The material on record, especially huge …
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… of any other meeting or contacts with the rest of the Accused. <span id="page-42-0"></span><sup>13</sup> Code of Criminal Procedure, 1973 - i) In any case, the first meeting was said to have been held in the year 2003, whereas the recoveries in the instant case are of the year 2006. - j) In terms of Section 196 of the Code, sanction to prosecute the Accused for having committed offence punishable inter alia under Chapter VI of the IPC was mandatory and the sanction placed on record did not satisfy the requirements. - 29. It was submitted on behalf of the State Government: - a) The material on record, especially huge …
Questions about Section 196
What have the courts held on Section 196 of the Code of Criminal Procedure?
Arun Pathak vs The State of Uttar Pradesh (10 Apr 2023) is the leading judgment on this section among those set out below: Requirement for sanction from government before prosecution for certain offenses including those under Section 153A IPC. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2023 to 2024.
How do I find court cases under Section 196 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 196, section 196 CRPC, section 196 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Arun Pathak vs The State of Uttar Pradesh (10 Apr 2023).
What should I read with Section 196 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 155 (Information as to non-cognizable cases and investigation of suchcases), section 195 (Prosecution for contempt of lawful authority of public servants, foroffences against public justice and for offences relating to documentsgiven in evidence), section 295 (Affidavit in proof of conduct of public servants), Indian Penal Code 108A (Abetment in India of offences outside India), and on 2 further provisions, so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 217 (Prosecution for offences against State and for criminal conspiracy to commit such offence), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 196 of the Code of Criminal Procedure come into force?
Section 196 of the Code of Criminal Procedure, cited as CRPC 196, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.