Description

1. Prior Sanction Required for Certain Offences

No Court shall take cognizance of:

(a) Offences under Chapter VI of the Indian Penal Code (IPC), 1860.
(b) Offences under Sections 153A, 295A, or Sub-Section (1) of Section 505 of IPC.
(c) Criminal conspiracy to commit any of the above offences.
(d) Abetment as described in Section 108A of IPC.
? Exception: Cognizance can be taken only with the previous sanction of the Central Government or State Government.

1A. Additional Restrictions

No Court shall take cognizance of:

(a) Offences under Section 153B or Sub-Sections (2) & (3) of Section 505 of IPC.
(b) Criminal conspiracy to commit such offences.
? Exception: Cognizance can be taken only with the previous sanction of the Central Government, State Government, or District Magistrate.

2. Criminal Conspiracy (Section 120B of IPC)

No Court shall take cognizance of:

• Any criminal conspiracy punishable under Section 120B of IPC, unless the conspiracy involves an offence punishable with:
  • Death
  • Imprisonment for life
  • Rigorous imprisonment for two years or more
• Exception: If the offence does not meet the above criteria, the State Government or District Magistrate must provide written consent before proceedings can begin.

3. Exception to Consent Requirement

• If the criminal conspiracy falls under the scope of Section 195 of IPC, no prior consent is required.

4. Preliminary Investigation Before Granting Sanction

• Before granting sanction under Sub-Section (1) or (1A), the Central Government or State Government may order a preliminary investigation.
• Before giving consent under Sub-Section (2), the State Government or District Magistrate may also order an investigation.
• This investigation must be conducted by a police officer of at least the rank of Inspector.
• The police officer shall have the powers under Sub-Section (3) of Section 155 of IPC.